[PDF] Fair Trial Rights And Multilingualism In Africa eBook

Author : Catherine S. Namakula
Publisher : Taylor & Francis
Page : 137 pages
File Size : 21,29 MB
Release : 2022-09-19
Category : Law
ISBN : 1000789527

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This book examines the best language fair trial practices of the courts in arguably the most multilingual region of the world. It contains an instructive list of standards and approaches to linguistic dynamics, which may be considered a language fair trial rights code. By way of jurisprudential analysis and scrutiny of constitutional imperatives and examination of legislation among the respective jurisdictions from the Sahel region, to the Horn of Africa, and the Cape, this publication presents peculiar country-specific practices and common standards aiming towards the realisation of a fair trial in a multilingual context. The exceptionally multilingual nature of legal processes in Africa makes the standards in the region instructive in the progression towards a universal language fair trial rights code. The book reveals valuable lessons across jurisdictions, including those outside Africa, and suggests measures that may be taken to improve existing approaches. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Language, Legal Linguistics, Forensic Linguistics, Criminal Justice, and Comparative Law.

Author : Stanisław Goźdź-Roszkowski
Publisher : Taylor & Francis
Page : 186 pages
File Size : 41,66 MB
Release : 2024-02-06
Category : Law
ISBN : 1003847803

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Integrating research methods from Linguistics with contemporary Legal Argumentation Theory, this book highlights the complexities of legal justification by focusing on the role of value-laden language in argument construction and use. The combination of linguistic analysis and the pragma-dialectic approach to legal argumentation yields a new way of perceiving and understanding the phenomenon of evaluation, one that offers theoretical and practical gains. Analyzing a vast corpus of judicial opinions from the United States Supreme Court and Poland’s Constitutional Court, the book paints a clear picture of complex linguistic choices made by judges to assess and support arguments in the justifications of their decisions. The book will be of interest to scholars in Law, Linguistics and Rhetoric, as well as to judges and practicing lawyers engaged in the art of argumentation.

Author : Sofiya Kartalova
Publisher : Taylor & Francis
Page : 186 pages
File Size : 48,33 MB
Release : 2022-10-07
Category : Law
ISBN : 1000687015

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Ambiguity – an expression or utterance giving rise to at least two mutually exclusive interpretations – has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU’s willingness to exert judicial restraint for the benefit of judicial co-operation. This ground-breaking work challenges some of the theoretical assumptions about ambiguity in EU law and puts forward a more accurate and complete theory about the CJEU’s strategic use of ambiguity. Ambiguity is here transformed from an underestimated or misunderstood detail of undetermined significance to a desirable systemic feature of the EU legal order with concrete properties and impact. Ambiguity as the implicit basis of the CJEU’s decision-making is shown to be strategically valuable for the implementation of the authority of EU law at some of the most pivotal moments in the evolution of the EU legal order. This interdisciplinary investigation presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU’s leading preliminary rulings in the area of fundamental rights, freedom of movement and EU citizenship. The book suggests a categorisation of examples, basic guidance about the type of case and situation where the phenomenon is likely to emerge as well as an assessment of the advantages and disadvantages of this unusual judicial technique. The book will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism.

Author : Theo du Plessis
Publisher : AFRICAN SUN MeDIA
Page : 182 pages
File Size : 32,65 MB
Release : 2011-11-01
Category : Language policy
ISBN : 1920383301

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The South African Language Rights Monitor (SALRM) Project surveys the mainstream newspapers of South Africa with a view to compile annual reports on the developments on the language front in the country. While the main focus is on language rights and language (rights) activism, the yearly Monitor also covers other language-related problems, including name changes, as well as aspects of language promotion. For anybody interested in subjects ranging from the (proposed) renaming of Bloemfontein, Louis Trichardt, Pretoria, Port Elizabeth and Johannesburg International Airport to the incident of Johann Rupert withdrawing his advertisements from a British magazine, and from the saga on mother-tongue education at schools to the language policy in the judicial system and the success of the South African films Yesterday and U-Carmen eKhayelitsha, the SALRM 2005 provides a rich source of information. The SALRM Project is housed in the Department of Language Management and Language Practice at the University of the Free State.

Author : Janny H.C. Leung
Publisher : Oxford University Press
Page : 321 pages
File Size : 31,97 MB
Release : 2019-01-28
Category : Language Arts & Disciplines
ISBN : 0190210346

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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.

Author : Monwabisi K. Ralarala
Publisher : African Sun Media
Page : 458 pages
File Size : 43,30 MB
Release : 2022-06-14
Category : Language Arts & Disciplines
ISBN : 1991201834

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Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.

Author : Kristin Henrard
Publisher : Bloomsbury Publishing USA
Page : 329 pages
File Size : 38,90 MB
Release : 2002-08-30
Category : History
ISBN : 0313012148

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Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.

Author : Wellman Kondowe
Publisher : Taylor & Francis
Page : 318 pages
File Size : 46,43 MB
Release : 2024-07-31
Category : Language Arts & Disciplines
ISBN : 1040045812

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This collection showcases perspectives from established and emerging scholars on the contemporary landscape of multilingualism in Southern Africa. The book explores the broader impact of colonialism and neocolonialism on language policies and practices, drawing on case studies from such countries as Malawi, South Africa, Tanzania, Zimbabwe and Zambia. The volume is organised thematically around four different sections, looking at issues around linguistic diversity across different sectors including contemporary debates on African languages, language education, youth languages and language documentation. Taken together, the collection seeks to offer readers with a more nuanced understanding of fundamental issues in the development of multilingualism across different countries in Southern Africa today and encourage future research on multilingualism in Africa more broadly. The volume will be of interest to students and scholars in multilingualism, sociolinguistics, language policies, language education and African studies.