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)

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

'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).

Why do most of us consider ourselves free but also believe there is little we can change in the way the world is run - individually, severally, or even collectively? Why has the growth of individual freedom coincided with the growth of collective impotence? Bauman argues that this condition hangs on the agora - the space where private and public meet to seek the creation of 'public good', a 'just society', or 'shared values'. The problem is that little remains of (...) such old style spaces. We cannot, he argues, overcome our collective impotence without resorting to politics and using the vehicle of political agency. Three orientation points for a reconstruction of politics are suggested: the republican model of the state and of citizenship, basic income as a universal entitlement, and re-enabling the institutions of autonomous society by catching up with the controlling extraterritorial powers in an age of globalization. (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)

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)

A proposal for individual responsibility in communal life.

Bauman urges us to think in new ways about a newly flexible, newly challenging modern world. In an era of routine travel, where most people circulate widely, the inherited beliefs that aid our thinking about the world have become an obstacle. He challenges members of the “knowledge class” to overcome their estrangement from the rest of society.

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)

One subject which captured the imagination of sociologists, philosophers, political scientists and writers on culture in the 1980s was postmodernism. This text considers the meaning and importance of postmodernity.

The book discusses the role of intellectuals in the modern world. Bauman connects this with current analyses of modernity and post-modernity. The theme of the book is that the tasks of intellectuals change from being 'legislators' to 'interpreters' with the transition from modernity to post-modernity. The book discusses the role of intellectuals in the modern world. Bauman connects this with current analyses of modernity and post-modernity. The theme of the book is that the tasks of intellectuals change from being 'legislators' (...) to 'interpreters' with the transition from modernity to post-modernity. (shrink)

When Freud wrote his classic Civilization and its Discontents, he was concerned with repression. Modern civilization depends upon the constraint of impulse, the limiting of self expression. Today, in the time of modernity, Bauman argues, Freud's analysis no longer holds good, if it ever did. The regulation of desire turns from an irritating necessity into an assault against individual freedom. In the postmodern era, the liberty of the individual is the overriding value, the criterion in terms of which all social (...) rules and regulations are assessed. Postmodernity is governed by the 'will to happiness': the result, however, is a sacrificing of security. The most prominent anxieties in our society today, Bauman shows, derive from the removal of security. The world is experienced as overwhelmingly uncertain, uncontrollable and frightening. Totalitarian politics frightened by its awesome power; the new social disorder frightens by its lack of consistency and direction. The very pursuit of individual happiness corrupts and undermines those systems of authority needed for a stable life. This book builds imaginatively upon Bauman's earlier contributions to social theory. It consolidates his reputation as the interpreter of postmodernity. The book will appeal to second-year undergraduates and above in sociology, cultural studies, philosophy and anthropology. (shrink)

In this major work, Zygmunt Bauman seeks to classify the meanings of culture. He distinguishes between culture as a concept, culture as a structure and culture as praxis and analyzes the different ways in which culture has been used in each of these settings. For Bauman, culture is a living, changing aspect of human interaction which must be understood and studied as a universal of human life. At the heart of his approach is the proposition that culture is inherently (...) ambivalent. With a major new introduction to this new edition, this classic work emerges as a crucial link in the development of Bauman's thought. By his own admission, it was the first of his books to grope towards a new kind of social theory, in contrast to the fals. (shrink)

Bauman analyzes freedom as a social relation rather than as an idea or postulate. Throughout history, he shows, freedom was a privilege enjoyed in relation to either superior or weaker power. Today, "seduction" tends to replace repression as a means of social control, and individual freedom is, above all, freedom of the consumer. A paper edition is available. Annotation copyrighted by Book News, Inc., Portland, OR.

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.

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)