Explores the impact of language on the field of comparative constitutional law.
This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law.
It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers.
The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.
Arvustused
This innovative volume addresses an obvious but often entirely overlooked and underappreciated dimension of constitutionalism: the fundamental role of language and the challenges of working comparatively across different linguistic contexts. Written and edited by an expert group of scholars, the chapters advance debates around the intersection of language and comparative constitutional law. In doing so, they offer a set of implicit and explicit guidelines and advice about how to ensure accuracy, legitimacy and greater rigor to studies of constitutionalism. * Professor Melissa Crouch, University of New South Wales, Australia * This scholarly collection explores how comparative constitutional study's scope and objects have been limited by English dominance as a lingua franca. The editors raise interesting ideas of "epistemic injustice" and offer practical suggestions, in a valuable work offering varying perspectives on the differences language makes. * Vicki C Jackson, Laurence H Tribe Professor of Constitutional Law at Harvard Law School, USA *
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Explores the impact of language on the field of comparative constitutional law.
1. Language Matters, Erika Arban (University of Melbourne, Australia),
Maartje De Visser (Singapore Management University), Jeong-In Yun (Korea
University)
Part I: Language Barriers and Epistemic Imbalances
2. Causes, Consequences, and Mitigation of Language Barriers in the Global
Constitutional Dialogue: Insights from Japan, Masahiko Kinoshita (Kobe
University, Japan)
3. Teaching Comparative Constitutional Law in English in a
Non-English-Speaking Country: The Case of Italy, Francesco Biagi (University
of Bologna, Italy)
4. Blind Spots, Misunderstandings, and Enlightenment: German Experiences with
English as Lingua Franca of Comparative Constitutional Law, Michael
Goldhammer (EBS University, Germany)
5. (Re)Inventing Constitutional Concepts, Joel I Colon-Rios (University of
Essex, UK)
6. What is in a Name? The Case of the Impossible Translation of the Concept
of Forma di Stato, Graziella Romeo (Bocconi University, Italy) and Elisa
Bertolini (Bocconi University, Italy)
7. How European Integration became Constitutional: The Role of American
Scholars and the Transplant of American Federal Concepts, Leonardo
Pierdominici (University of Bologna, Italy)
Part II: Language Biases and Contextual Dilemmas
8. English Language Bias in Comparative Constitutional Law Scholarship, Odile
Ammann (University of Lausanne, Switzerland)
9. The Uses of Ubuntu under the South African Constitution, Nomfundo
Ramalekana (University of Cape Town, South Africa)
10. Linguistic Colonial Continuity, Modernity and National Integration in
India, Vikram A Narayam (Humboldt University, Berlin) and Uday Vir Garg
(Freie Universität Berlin, Germany)
11. Constitution-Building and Catch-Up Modernisation in Central Asia: From
Semantic to Cognitive Dissonance, Aziz Ismatov (Aichi Prefectural University,
Japan)
12. Towards a Cross-Linguistic Epistemology: Translanguaging as a Method of
Comparative Constitutional Law, Konrad Lachmayer (Sigmund Freud University,
Austria)
13. Untangling Buzzwords: Making Sense of the Vocabulary in the Anglosphere
Literature of Constitutional Law, Ilker Gökhan Sen (University of Oslo,
Norway)
Part III: Legal Translation, Multilingualism and the Discursive Way
14. In Defense of Multilingualism: The Contribution of Legal Linguistics and
Comparative science to the Affirmation of Multilingualism, Claudia Marchese
(University of Naples, Italy)
15. The Role of English in EUs Institutional Multilingualism, Jaap Baaij
(Utrecht University, the Netherlands)
16. Comparative Law in a Multilingual Constitutional Space, And its Limits:
Language and Law in the European Union, Francesco Palermo (University of
Verona, Italy)
17. Comparative Law, Comparative Constitutional Law, and Linguistic
Sensitivity, Jaakko Husa (University of Helsinki, Finland)
18. The Language of the Law and the Sentiment of the Language, A Cultural
Challenge to Enrich Global English for Comparative Legal Studies with
National Identities, Giovanna Tieghi (University of Padua, Italy)
19. Bridging Borders through Translation: Corpus Linguistics and Metaphor
Analysis in Comparative Constitutional Law, Lucja Biel (University of Warsaw,
Poland), Hanem El-Farahaty (University of Leeds, UK), Francesca Seracini
(Catholic University of the Sacred Heart, Italy)
20. Discursive Comparative Constitutional Law, Ngoc Son Bui (University of
Oxford, UK)
Erika Arban is Postdoctoral Fellow at the University of Melbourne, Australia. Maartje De Visser is Assistant Professor of Law at the Singapore Management University. Jeong-In Yun is Research Professor at the Legal Research Institute and Party Law Research Centre, Korea University, South Korea.
