"This collection teaches us how language and legislation interact to produce effective laws. It brings linguistics, lawyers, theory, and practices together to show how linguistic tools, concepts, and methodologies can be applied to improve the law's clarity, transparency, and efficiency, thus widening its social reach. Drawing on case studies across Europe, chapters critically reflect on the dynamics of legislative drafting and the dissemination of legislation and the ways in which drafted legislation both creates laws and serve to communicate their meaning. The book features perspectives from national and transnational examples to demonstrate the impact of varied stakeholders-legislative bodies, law interpreters, and law enforcers - on the implementation of legislation, particularly when legislative texts are translated and interpreted across different settings. Through the lens of discourse analysis, legislative texts are analyzed in lexico-grammatical and textual terms, highlighting the disparity between what is conceived and what might be expressed clearly in words and how this knowledge can inform better drafting practices. The book charts a way forward for linguistics as a discipline to contribute to a better understanding of the nuances around effective legislative expression. This book will appeal to scholars and stakeholders working at the intersection of language and the law, in such fields as applied linguistics, forensic linguistics, regulation, legislation, and legislative drafting"--
This collection teaches us how language and legislation interact to produce effective laws. It brings linguistics, lawyers, theory, and practices together to show how linguistic tools, concepts, and methodologies can be applied to improve the law’s clarity, transparency, and efficiency, thus widening its social reach.
Drawing on case studies across Europe, chapters critically reflect on the dynamics of legislative drafting and the dissemination of legislation and the ways in which drafted legislation both creates laws and serves to communicate their meaning. This volume features perspectives from national and transnational examples to demonstrate the impact of varied stakeholders—legislative bodies, law interpreters, and law enforcers—on the implementation of legislation, particularly when legislative texts are translated and interpreted across different settings. Through the lens of discourse analysis, legislative texts are analyzed in lexico-grammatical and textual terms, highlighting the disparity between what is conceived and what might be expressed clearly in words and how this knowledge can inform better drafting practices. This collection charts a way forward for linguistics as a discipline to contribute to a better understanding of the nuances around effective legislative expression.
This book will appeal to scholars and stakeholders working at the intersection of language and the law, in such fields as applied linguistics, forensic linguistics, regulation, legislation, and legislative drafting.
This collection teaches us how language and legislation interact to produce effective laws. It brings linguistics, lawyers, theory, and practices together to show how linguistic tools, concepts, and methodologies can be applied to improve the law's clarity, transparency, and efficiency, thus widening its social reach.
Introduction to Language for legislation and legislation through
language by Tímea Drinóczi, Giulia A. Pennisi, and Helen Xanthaki, Part One -
Themes: Social practice, translation and interpretation, and legal certainty,
1. Law, Language & Culture in the EU: A Case of Harmonisation, Reflection of
Diversity or a Case for Judicial Activism?, Ivan Sammut,
2. Gender
Inclusiveness: does language as a social practice meet law-making in Brazil?
Ana Larissa Adorno Marciotto Oliveira and Lucas Willian Oliveira Marciano,
3.
Law, Language and Legal Certainty: Transformation and Challenges of the
Georgian Legal Language, Dimitry Gegenava,
4. EU Better Regulation: the
role of European Committee of the Regions by Gaetano Armao,
5. How Legal
Translation Matters In Türkiye? Examination Of International Agreements
Through The Lens Of Private International Law, Aysun Bolaca and Belks Vural
Çelenk,
6. Institutional translation: Balancing multilingual legal discourse
between EU and Switzerland, Annarita Felici,
7. Simplification of Legal
Language and Turkishization of the Turkish Constitutions of 1924, 1961, and
1982, Omer Faruk Genckaya and Seref Iba ,
8. The Quest for Legislative Reform
in Kosovo: Bridging Regulatory Governance with Legal Drafting and Legislative
Language Discourses, Novitet Nezaj, Part Two - Tools: terminology, language
processing, technology,
9. Terminology management and better understanding of
legislative intent for citizens in the age of technological disruption, Fóris
Ágota,
10. Making drafting clearer and more accessible in a multilingual
context: The role of contrastive terminology and comparative law, Barnabás
Novák and Tímea Drinóczi,
11. Analyzing the language of legislation using
natural language processing, Xiao Lu, Moritz Osnabrugge and Gerrit Quaremba,
12. An empirical approach of multimodality and legal language reform in
Brazil, Thiago B.V. Hermont, Fabiana Soares and Mônica Sette Lopes, Part
Three - Interconnection in praxis: language for effectiveness and legal
certainty for language,
13. Translation as a lens through which to view
legislations effectiveness, John OShea and Daniel Webber,
14. Tense Aspects
of Legislative Drafting, Martin David Kelly,15. Terminological controversies
over a legal hendiadys: the true and fair case, Annalisa Zanola,
16.
Drafting EU soft law instruments as persuasive governance tools, Corina
Andone and Florin Coman Kund,
17. A linguistic approach to drafting
legislative provisions, Giulia A. Pennisi ,18. Let linguists teach the
drafters: easification (layering the structure) of Regulation (EU) 2023/955
establishing a Social Climate Fund, Helen Xanthaki with Nicole
Sardiello-Zamboni, Aarohi Vikas Pillai, Denise Yasmine H. Eixas and Kimberley
Shepherd
Tímea Drinóczi is Professor of Law, Senior Researcher, Mykolas Romeris University, Lithuania and a Research Affiliate at the Law School, Federal University of Minas Gerais, Belo Horizonte, Brazil, and in the CEU Democracy Institute, Budapest, Hungary.
Giulia A. Pennisi is Professor of English Language and Translation at the Department of Political Science and International Relations (DEMS), University of Palermo, Palermo, Italy, and Associate Research Fellow at Sir William Dale Centre for Legislative Studies, London, UK.
Helen Xanthaki is a Professor at University College London, Dean of PGLaws at the University of London Worldwide, and Senior Associate Research Fellow at the Sir William Dale Centre for Legislative Studies, London, UK.
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