Translators and Comparatists as Objective Mediators between Cultures
(2013) Objectivity in Law and Legal Reasoning — ISBN: [978-184-946441-3], p. 213-227, published
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- Abstract
- This paper develops the idea of using linguistic disciplines as cognitive models for comparative law, and of adopting linguistics and translation studies methodologies to provide a more ‘objective’ basis for research in comparative law, which will in turn also influence legal theory. Recently, comparative law has been approached from interdisciplinary angles, including social sciences, but never from a linguistic point of view. Translation studies and comparative law are disciplines that both involve comparative work: translation can be seen as a language contact point, while comparative law establishes contact points between different systems of law. Legal comparatists have struggled with establishing tertium comparationis among the systems to be compared. The argument developed in the paper is that the methodologies and tools used by linguistic and translation studies enable contents on the different language levels to be exposed on an objective (linguistic and discourse analysis) and even empirical basis (using corpus linguistics methodologies).
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Laske, C. (2013). Translators and Comparatists as Objective Mediators between Cultures. In Husa, Van Hoecke (ed.), Objectivity in Law and Legal Reasoning (p. p. 213-227). Hart Publishing. https://hdl.handle.net/2078.5/219807