In this article we investigate the relationship between legal translation and legal interpretation. The common wisdom is that these activities are closely related, but the nature of that relationship remains disputable. We adopt the perspective of legal theory—as opposed to the perspective of translation studies—which seems to be underrepresented in the literature of the subject. We start with distinguishing between the two notions of legal interpretation: the wide sense and the narrow sense. We argue that the relationship between legal translation (...) and legal interpretation changes significantly depending on the notion of legal interpretation that is assumed. The wide sense is often assumed by translation scholars and it renders legal interpretation as a necessary prerequisite for legal translation. Jurists, on the other hand, usually assume the narrow sense which renders legal interpretation and legal translation as two distinct activities with some shared features. We then focus on four issues of legal interpretation in the narrow sense: the types of legal interpretive problems, the creation of legal interpretive problems, the methods of legal interpretation, the resolution of legal interpretive problems. We conclude with a detailed comparison of legal translation and legal interpretation in the context of those four issues. (shrink)

Zygmunt Bauman is one of the leading figures in contemporary social thought. His work ranges across issues of ethics, culture and politics. It never forgets that social thought ought to help men and women make sense of their lives and aspire towards something different. His books and essays always focus on the here and now: violence and moral indifference, globalization, consumerism, politics and individualization. They cast a sharp eye on the panaceas of ‘there is no alternative'; the embrace of (...) community and the fads of the ‘counselling boom'; through which men and women are told that they can achieve biographical solutions to what are, in fact, systemic problems. In this new book, Zygmunt Bauman and Keith Tester engage in five accessible conversations that uncover and explore the assumptions and commitments underpinning Bauman's ground-breaking social thought. The conversations show how those commitments have influenced Bauman's analyses of modernity, postmodernity and ‘liquid modernity'. The book ranges widely, from autobiographical reflection through to pointers for the understanding and future of Bauman's social thought. The conversations illustrate the moral substance of Bauman's refusal to accept that the world cannot be made different. They show why social thought is a human necessity. Conversations with Zygmunt Bauman is a book which will offer fresh insight into Bauman's work for those who are familiar with it, and provide an engaging and helpful entry point for those who are new to it. (shrink)

Introduction: Morality in Modern and Postmodern Perspective Shattered beings are best represented by bits and pieces. Rainer Maria Rilke As signalled in its ...

A proposal for individual responsibility in communal life.

EDITORS INTRODUCTION The present volume includes a series of papers dealing with the main methodological problems of general study of law as discussed in ...

It is shown that sentences containing verbs of motion and sentences containing stative verbs can be analyzed as having one, Locative case rather than Source and/or Goal for the former and Location for the latter. The analysis based on Awutu, a Kwa language, assigns the direction features to verbs, in accordance with the linguistic facts present in the Kwa group of languages.

We are spurred into action by our troubles and fears; but all too often our action fails to address the true causes of our worries. When trying to make sense of our lives, we tend to blame our own failings and weaknesses for our discomforts and defeats. And in doing so, we make things worse rather than better. Reasonable beings that we are, how does this happen and why does it go on happening? These are the questions addressed in this (...) new book by Zygmunt Bauman - one of the most original and perceptive social thinkers writing today. For Bauman, the task of sociology is not to censor or correct the stories we tell of our lives, but to show that there are more ways in which our life stories can be told. By bringing into view the many complex dependencies invisible from the vantage point of private experience, sociology can help us to link our individual decisions and actions to the deeper causes of our troubles and fears - to the ways we live, to the conditions under which we act, to the socially drawn limits of our imagination and ambition. Sociology can help us to understand the processes that have shaped the society in which we live today, a society in which individualization has become our fate. And sociology can also help us to see that if our individual but shared anxieties are to be effectively tackled, they need to be addressed collectively, true to their social, not individual, nature. The Individualized Society will be of great interest to students of sociology, politics and the social sciences and humanities generally. It will also appeal to a broader range of readers who are interested in the changing nature of our social and political life today. (shrink)

1. In the circumstances of the overgrowth signs the scientific-technical revolution the following events in essential way are influencing the activities of public administration : 1° the establishing, under thepressure of the technical progress and specialization, of the big economic units ; 2° the acceleration of the processus of urbanization ; 3° the increasing threat of the biological environment and the appearance of newpossibilities for its protection; and 4° the leveling of differences between the living standards of the population in (...) town and in countryside. In that situation the socialist state has first of all to develop its organizationalfunctions.2. The organizational functions of the socialist state are implemenied above all by the supreme and local representative organs of the state authority and by the subordinated to them organs of the state administration. In the result of this organizational activity the scope of civic rights is extending. The state apparatus therefore is responsible for calling into being and for activities of the public institutions and facilities being used by the citizens at their choice. The regulating role of the state has hence respect more to these public institutions and facilities, and it is addressed more seldom directly to the citizens. That takes place especially in the sphere of the administration of national economy, the organization of technical public services as well as the services rendering administration.3. The social and economic assumptions of the socialist system are putting into effect by the organizational activities of the state apparatus. One of the fundamental features of this system is to gain the conscioussupport of the overwhelming majority of the society for actions of the socialist state and to consolidate this support. Such support is possible to reach only by the development of the democratic principles of thestate activities. The democratic institutions are established by the law, and the law is one of instruments of the realization of the political tasks of the socialist society being organized into the state. The state apparatus' function is to embody in action the tasks established by the law. And this therefore makes the role of the state apparatus very important as welt as provides to the necessity of permanent improvement of this apparatus.4. The social and economic plans create the substantial basis for the state administration activities. In the both national and local plans, voted by representative organs of the state authority, there are determined theeconomic and social tasks as welt as the aims concerning in advancement of the living standards of the population. In the state enterprises plans are voted by the organs of the workers' self-government. The principles of socialist democracy and democratic centralism are reflected in the procedure of planning.5. The processus of the administration in the contemporary state becomes more and more complicated. This processus demands an improvement of th social nature, but not of the technocratic one. And that improvement, realized in conformity with the social necessities, is safeguarded by the fact that the state machinery in the socialist country is inspired and vivified by the political leadership of the working class' party. (shrink)

The word "globalization" is used to convey the hope and determination of order-making on a worldwide scale. It is trumpeted as providing more mobility--of people, capital, and information--and as being equally beneficial for everyone. With recent technological developments--most notably the Internet--globalization seems to be the fate of the world. But no one seems to be in control. As noted sociologist Zygmunt Bauman shows in this detailed history of globalization, while human affairs now take place on a global scale, we (...) are not able to direct events; we can only watch as boundaries, institutions, and loyalties shift in rapid and unpredictable ways. Who benefits from the new globalization? Are people in need assisted more quickly and efficiently? Or are the poor worse off than ever before? Will a globalized economy shift jobs away from traditional areas, destroying time-honored national industries? Who will enjoy access to jobs in the new hierarchy of mobility? From the way the global economy creates a class of absentee landlords to current prison designs for the criminalized underclass, Bauman dissects globalization in all its manifestations: its effects on the economy, politics, social structures, and even our perceptions of time and space. In a chilling analysis, Bauman argues that globalization divides as much as it unites, creating an ever-widening gulf between the haves and the have-nots. Rather than the hybrid culture we had hoped for, globalization is creating a more homogenous world. Drawing on the works of philosophers, social historians, architects, and theoreticians such as Michel Foucault, Claude Lévi-Strauss, Alfred J. Dunlap, and Le Corbusier, Globalization presents a historical overview of the methods employed to create and define human spaces and institutions, from rural villages to sprawling urban centers. Bauman shows how the advent of the computer translates into the decline of truly public space. And he explores the dimensions of a world in which--through new technologies--time is accelerated and space is compressed, revealing how we have arrived at our current state of global thinking. Bauman's incisive methods of inquiry make Globalization an excellent antidote to the exuberance expressed by those who stand to benefit from the new pace and mobility of the modern life. (shrink)

The life and work of Moj?esz Presburger (1904?1943?) are summarised in this article. Although his production in logic was small, it had considerable impact, both his own researches and his editions of lecture notes of Adjukiewicz and ?ukasiewicz. In addition, the surviving records of his student time at Warsaw University provide information on a little-studied topic.

'Community' is one of those words that feels good: it is good 'to have a community', 'to be in a community'. And 'community' feels good because of the meanings which the word conveys, all of them promising pleasures, and more often than not the kind of pleasures which we would like to experience but seem to miss. 'Community' conveys the image of a warm and comfortable place, like a fireplace at which we warm our hands on a frosty day. Out (...) there, in the street, all sorts of dangers lie in ambush; in here, in the community, we can relax and feel safe. 'Community' stands for the kind of world which we long to inhabit but which is not, regrettably, available to us. Today 'community' is another name for paradise lost - but for a paradise which we still hope to find, as we feverishly search for the roads that may lead us there. But there is a price to be paid for the privilege of being in a community. Community promises security but seems to deprive us of freedom, of the right to be ourselves. Security and freedom are two equally precious and coveted values which could be balanced to some degree, but hardly ever fully reconciled. The tension between security and freedom, and between community and individuality, is unlikely ever to be resolved. We cannot escape the dilemma but we can take stock of the opportunities and the dangers, and at least try to avoid repeating past errors. In this important new book, Zygmunt Bauman takes stock of these opportunities and dangers and, in his distinctive and brilliant fashion, offers a much-needed reappraisal of a concept that has become central to current debates about the nature and future of our societies. (shrink)

Life in Fragments is a continuation of the themes and motifs explored in Zygmunt Bauman's acclaimed study, Postmodern Ethics (Blackwell, 1993).

Jede Aussage eines Menschen, sei es dutch Wort, Tat oder Werk, hat eine direkte Beziehung zu seiner Umwelt imd im besonderen zur menschlichen Gesellschaft. Der wahre Künstler ist in den meisten Fällen ein mit der Natur eng verbundener Mensch. Aus ihr nimmt er seine Inspiration zur schöpferischen Aussage. Denn, am Anfang war die Idee, die Idee war bei dem Schöpfer, und die Idee war der Schöpfer. Jedoch, wir brauchen eine neue, verantwortungsbewusste Künstlerschaft. Jeder von uns ist dazu auserwählt---schon seiner Berufung (...) wegen---falls er das Geheimnis des Wandelns und der Wiedergutmachung erfahren hat. Eine umfassende Künstlergemeinschaft setzt voraus, dass alle Künstler, in ihr vereint und um Erfahrungen reicher, mit neuen Ideen der Menschheit dienen. (shrink)

Der Mensch hat eine Zielsetzung: seine biologischen Bedürfnisse zu stillen Seine zweite Zielsetzung dagegen stillt Bedürfnisse, die schwiering zu deftnieren sind, da sie sein Innenleben betreffen, wie dies bei der Kunst der Fall ist. Es scheint, dass dank der bestehenden Wechselwirkung zwischen diesen gegensätzlichen Zielsetzungen der Mensch nicht nur psychisch sich im Gleichgewicht halten, aber auch von dem einen Schwierigkeitsgrad der Problematik zum andern übergehen kann, und dass sich darin das Phänomen der Kreativität verbergen muss, Der Mensch mit seiner kreativen (...) Lebensweise befindet sich also im Kreislaufdes All-Natur-Geschehens, und obwohl er erdgebunden ein kosmisches Wesen ist, hat er damit ein Privileg die seelisch-geistige Dimension der Schöpfung zu erkennen und sich mit dem Ursprung der Schöpfung zu vereinen. (shrink)