Conceptual confusions permeate all forms of intellectual pursuit. Many have contended that multilingual legislation, i.e., one law enacted in different languages, is unviable when carried out by means of translation. But not many have realized that the same would also be true of drafting if their contention could be justified. My involvement in the translation of Hong Kong laws into Chinese in the run-up to 1997 exposed me to a whole world of myths and misconceptions about legal translation (...) arising from our failure to command a clear view of the workings of language. Over the years I have endeavoured to come to grips with the problems inherent in legal translation, showing that the arguments against the possibility of exact translation, against the possibility of achieving equivalence between different language texts of the law, and against the possibility of bridging the conceptual gap between legal terminologies in different languages, are all ill-grounded and misguided. There are indeed enormous difficulties in drafting and translating multilingual law, but they are essentially of a technical nature, by no means theoretically irresolvable. The viability of multilingual legislation is simply grounded in our innate communicative intention to use signs and symbols to convey meaning. As language users, we are capable of making language work for us for any particular purpose. Just as we can translate the rules of chess from one language to another whereby players speaking different languages can play the same game called “chess”, we don’t see why we can’t do the same with multilingual legislation. The door has always been open! (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 37-50.

The process of elaborating EU legislation includes the activity of translation. Drafting and translation cannot be considered separately but are rather two complementary activities whose aim is the quality of legislation. In order to achieve the required quality of legislation, one guiding principle is consistency of terminology. This study examines the particular case of two terms in German that appeared in the EC Treaty: Entscheidung and Beschluss. The inconsistent use of the two terms was the source of (...) interpretative problems, as observed in Case C-370/07 Commission v Council. A comparison of the contested provisions in the EC Treaty and the provisions in the Treaty on the Functioning of the European Union shows that the terminological inconsistency has been corrected. After the examination of this case, we elaborate on the impact of terminological consistency on interpretation as reflected in requests for preliminary rulings. (shrink)

Different countries worldwide have issues with adapting legal terminology in a multilingual society. Such issues are still prevalent in Kazakhstan, where it is particularly difficult to guarantee the quality of laws written in the state language. This study aims to answer the question of what scientific, methodological, and legal mechanisms can be used to enhance legislative drafting practises in countries with two or more official languages by using Kazakhstan as an example. The Kazakh legal terminology reflects the societal communication (...) requirements for the control of public relations. According to the findings, the current challenges of establishing a legal conceptual framework in Kazakhstan are closely connected to trends in expanding the terminological lexicon. This trend stems from neologisation, optimisation of borrowings of legal terms, and internationalisation of legal discourse. The ways to improve the legislative drafting technique are suggested based on a generalised analysis of texts in the state language of some legislative instruments of the Republic of Kazakhstan. The article offers several recommendations for specialists-translators of legal texts practising in rule-making and lawyers-specialists in legislative drafting and review. (shrink)

So far, legal translation studies have generally been concerned with multilingual legislation, which they have dissected using comparative law methods. The time seems to have come for a differentiated research that recognises various types of legal translation, including the category of translation by professionals for public authorities and business concerns. This latter category’s context is rapidly changing. Globalization is aggravating the crisis of national legislation. First and foremost, networks of authorities have sprung up alongside international organisations. The (...) texts translated are regulatory rather than prescriptive. Then, in the field of international commerce, a standardization of contracts is occurring. Globalized administrative and commercial varieties of English are no longer the English of the common law but, rather, a neutral or hybrid English that needs to be further sub-classified by reference to specific legal sectors. Furthermore, by reducing costs and deadlines, globalization and digitalization have forced translation to be economically efficient. Several legislative provisions now allow the translation of legal texts by way of extracts or summaries. In multilingual monitoring translators are being asked to assess and select the documents for translation themselves. The quality required is often that which is “sufficient” to achieve the sought-after goal. All these changes must be incorporated into the university education of translators. (shrink)

Specific historical and linguistic circumstances gave way to a Swiss original concept of a multilingual state as the nation of the will. The discussion concerns problems inherent to the unity-in-diversity philosophy and the proportional representation of national languages within the framework of the Swiss constitution, including the legislation protecting language and the language principles obtaining in Switzerland. Drawing on the language ideology studies, this paper shows how the linguistic diversity is designed on the administrative level and what provisions (...) have been made to maintain multilingualism. The discussion also addresses and concludes on the ever timely questions of diversity, pluralism and intergroup cooperation fostered by the Swiss political and social culture. (shrink)

The automated identification of national implementations of European directives by text similarity techniques has shown promising preliminary results. Previous works have proposed and utilized unsupervised lexical and semantic similarity techniques based on vector space models, latent semantic analysis and topic models. However, these techniques were evaluated on a small multilingual corpus of directives and NIMs. In this paper, we utilize word and paragraph embedding models learned by shallow neural networks from a multilingual legal corpus of European directives and (...) national legislation to develop unsupervised semantic similarity systems to identify transpositions. We evaluate these models and compare their results with the previous unsupervised methods on a multilingual test corpus of 43 Directives and their corresponding NIMs. We also develop supervised machine learning models to identify transpositions and compare their performance with different feature sets. (shrink)

The automated identification of national implementations of European directives by text similarity techniques has shown promising preliminary results. Previous works have proposed and utilized unsupervised lexical and semantic similarity techniques based on vector space models, latent semantic analysis and topic models. However, these techniques were evaluated on a small multilingual corpus of directives and NIMs. In this paper, we utilize word and paragraph embedding models learned by shallow neural networks from a multilingual legal corpus of European directives and (...) national legislation to develop unsupervised semantic similarity systems to identify transpositions. We evaluate these models and compare their results with the previous unsupervised methods on a multilingual test corpus of 43 Directives and their corresponding NIMs. We also develop supervised machine learning models to identify transpositions and compare their performance with different feature sets. (shrink)

Le Burkina Faso comporte, en plus du français, « langue officielle », environ une soixantaine de langues locales dites « langues nationales ». Malgré des lois favorables à l’égalité des langues, on constate dans la pratique une hiérarchisation linguistique qui consacre la domination du français sur les autres langues. Dans ce contexte plurilingue, on pouvait s’attendre à ce que la traduction puisse contribuer à la préservation de la diversité linguistique et culturelle du pays, voire à l’enrichissement des langues nationales. Mais (...) l’analyse de la traduction littéraire et audio-visuelle révèle une direction qui reflète cette hiérarchisation des langues. En effet, la traduction entre langues européennes est de loin la plus importante, en particulier entre le français et l’anglais. La traduction entre les langues nationales n’existe pas. Dans le domaine audio-visuel, en particulier le cinéma, le sous-titrage se fait toujours des langues nationales vers les langues européennes. En l’absence d’une politique linguistique et d’une politique de traduction, la traduction ne peut pas jouer son rôle de promotion des langues et de préservation de la diversité culturelle.As well as French, its “official language”, Burkina Faso has about 60 local languages that are referred to as “national languages”. Despite legislation in favour of language equality, there is, in practice, a distinct hierarchy that has enshrined the domination of French over other languages. In this multilingual context, it might have been expected that translation would help to preserve the country’s linguistic and cultural diversity, and even to enrich its national languages. However, our analysis of literary and audio-visual translations shows that the translating directions reflect the existing hierarchy between languages. Translations between European languages are by far the most common, especially between French and English. There is no translation at all between the national languages. In the audiovisual field, especially in films, sub-titles are always translated from national languages into European languages. Without language or translation policies, translation cannot play its part in promoting languages and preserving cultural diversity. (shrink)

Personality assessments are frequently used to make decisions and predictions, creating a demand for assessments that are non-discriminatory. South African legislation requires psychological tests to be scientifically proven to be valid, reliable, fair and non-biased. In response to the necessity for a measure sensitive to indigenous differences, South African and Dutch researchers developed the South African Personality Inventory. The SAPI represents a theoretical model of personality that uses an indigenous and universal approach to capture South Africa’s rich multicultural and (...) multilingual view of personhood. The development of SAPI items and its simultaneous translation from English into all official languages necessitated the investigation of all the translated language versions’ psychometric properties. This study used Exploratory Structural Equation Modelling to examine the factor structure and model fit of two indigenous language versions of the SAPI, targeting the Tshivenda and the Southern Sotho languages. To accomplish this objective, Study 1 was done in South Africa among the Tshivenda ethnic group, while Study 2 was conducted in South Africa among the Sesotho ethnic group. An acquiescence response pattern was noticed in both studies, possibly to adhere to group consensus and emphasizing harmony within relationships. The ESEM solutions generated an excellent fit for both language versions, and most facets loaded acceptably on their expected factors. The Neuroticism factor proved to be problematic in both language versions. Within the Tshivenda version, the Emotional Stability facet did not generate adequate loadings on any SAPI factors. In contrast, neither Emotional Stability nor Negative Emotionality loaded sufficiently on the Neuroticism factor for the Southern Sotho version. While the overall fit of the six-factor model was excellent, the language in which a person completes a personality questionnaire seems to influence such an assessment’s factor structure. The Tshivenda and Sesotho versions of the SAPI cannot yet be positioned as equitable alternatives when using an indigenous version of the SAPI is needed. The implications of the results and proposals for future studies are discussed. (shrink)

The European Union is one of the ‘big ideas’ of the twentieth and twenty-first centuries and has been built on the idea of the European Community, which it supersedes. Seen in this light the emergent law of the European Union is becoming omnipresent in so many ways and yet it does not appear to have been the subject of as much semiotic study as it deserves. This paper takes a multilingual stance and explores emerging EC and EU law from (...) a perspective of a lawyer-linguist practitioner in the field. The purpose is to describe a range of practitioner ‘realities’ and to explore how semiotics provides a tool for analysis and insights for a better understanding and awareness of EU law, with particular emphasis on the legislative, or law-making aspects. (shrink)

The article investigates the significance of syntax in the multilingual EU law. It attempts to respond to the question whether syntax is apt to contribute to the uniformity of that law and how, with regard to this function, it relates to the (widely disputed yet uncontested) semantic and pragmatic methods of achieving such a uniformity. In order to respond to this question, the article firstly, recalls fundamental concepts which would help conceptualize the endeavour and, secondly, presents examples of analysis (...) of syntax arrangements which can be deemed representative for the study of the said problem of contribution. The study finds that EU law (expressed in 24 official languages which have equal authentic status) relies on diversified syntax of its respective constitutive languages. Syntax structures used in respective language versions of EU law represent narrower, law-specific, form of syntax structures available in these languages. Its specificity is determined mostly by legislative traditions of respective EU member states. Syntactic structures of EU law produced in different official languages do not represent a single pattern because of diversified mode of producing illocutionary value of provisions in which strongly idiomatic modal verbs (modal operators) and even special modal structures (not necessarily containing modal verbs) are used to express legal norms. They also differ when it comes to their law-specific compositionality, i.e. flexibility of different syntax structure to produce the same meaning and, in the same time, to preserve their genre/register informational value. Notwithstanding, these structures have well pronounced and system-significant common features within respective Germanic, Romanic, and Slavic families of languages in which EU law is mostly reproduced. The sentence structure and the relevant register of EU law provisions are the same for respective versions of EU texts of law expressed in the languages belonging to the respective three language families which were examined for the sake of this study. These common features are re-enforced by the synoptic mode of producing EU law which imposes formal resemblance of provisions reproduced in respective EU official languages to each other. The multilingual EU legislator also uses patterns which grant legal text the relevant register, yet its specific EU character ultimately transpires through semantic aspects of EU texts rather than their mere syntax. The unity of the system is achieved most strongly through the EU specific interpretation, where the teleological methods (which can be conceived as a language means to achieve EU law goals and objectives at the pragmatic level) are of utmost importance. Thus, there is no EU-specific syntax which would, as such, contribute to unity of EU law. Instead, unity is achieved in the area of semantics and pragmatics. The well exposed anaphoric character of EU law (as any other type of law) may contribute to narrowing down possibility for differentiation of respective language versions of EU law. (shrink)

The issues related to the multilingual situation in modern Bashkiria are discussed in the article, configuration of multilingualism is given on the basis of extensive and representative data of the latest census. Multilingual issues are discussed in the context of the social functions of philology, as well as a set of measures of a regulatory nature undertaken by the government and society to ensure social, ethno-cultural and inter-ethnic stability. The author believes that the language situation with multilingualism depends (...) on a number of sociolinguistic variables, but the invariant feature of all modifications of multilingualism in Bashkiria should be considered as a factor of the maximum level of language loyalty towards the Russian language. This factor provides a comprehensive and decisive impact on the conditions and status of multilingualism in the republic. (shrink)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended (...) by its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)

Providing high-quality education for students with emergent proficiency in the language of instruction (referred to here as multilingual students) presents a challenge to inclusion for educational systems the world over. In Austria, a new German language support model was implemented in the school year 2018/19 which provides language support in separate classrooms up to 20 h a week. Since its implementation, the model has been strongly criticized for excluding multilingual students from the mainstream classroom, which is argued to (...) reinforce the educational disadvantages that they face. The study presented here provides unprecedented qualitative insight into how schooling for students within the so-called German language support classes (GLSC) was organized during the COVID-19 pandemic. It builds on results of a previous large-scale quantitative study (n= 3,400 teachers), which was conducted during the first lockdown (spring 2020) and indicated a high risk of exclusion for marginalized students, especially for multilingual students in GLSC. To gain deeper insights into the situation of these students during school closures, 37 teachers who work in these classes at both primary and lower-secondary schools in Vienna were interviewed, of which 18 interviews were considered for analysis. The interviews focus on the situation during the first and second school closures in the city of Vienna. A thematic analysis of the interview data reveals teachers’ perceptions of aspects which harmed or promoted inclusion for students in GLSC during these periods of school closure. Teachers’ perceptions of the most harming factors for students included strong language barriers between teachers and students, restricted access to technical equipment and supportive learning spaces, and low parental engagement. A development that promoted inclusion of these students was the option to allow them to come to school during the second school closure. Since existing studies on the schooling of students during school closures have hardly addressed the situation of students in GLSC, this study contributes to closing this research gap. (shrink)

The present study aims at analyzing the role of nativeness, the amount of input in L1 acquisition and the multilingual competence in the performance of Italian-German bilingual speakers. We compare novel data from the performance of adult L2 learners (L1: Italian; late L2: German) and that of heritage speakers (heritage language: Italian; majority language: German) to previous data from monolingual speakers of Italian. The comparison deals with the produced word order at the syntax-discourse interface in sentences containing New Information (...) Subjects in answers to questions that prompt the identification of the clausal subject. Overall, adult L2 speakers and heritage speakers perform alike but crucially differently from Italian monolinguals. These data reveal that multilingual proficiency determines an increased variety in the adopted answering strategies; in particular, the German-like strategy is active in Italian. Nativeness alone is thus no guarantee for a homogeneous performance across groups, nor do we find similar patterns of performance in speakers who grew up as monolinguals. Data also show heritage speakers’ sensitivity to verb classes, with answering strategies varying in accordance with the verb argument structure. Participants’ productions reveal an interesting relation in sentences with transitive verbs between subject position (pre-/postverbal) and object form (lexical DP/clitic pronoun). (shrink)

In this work, the significance of combining the evidence from multitaper mel-frequency cepstral coefficients, linear prediction residual, and linear prediction residual phase features for multilingual speaker identification with the constraint of limited data condition is demonstrated. The LPR is derived from linear prediction analysis, and LPRP is obtained by dividing the LPR using its Hilbert envelope. The sine-weighted cepstrum estimators with six tapers are considered for multitaper MFCC feature extraction. The Gaussian mixture model–universal background model is used for modeling (...) each speaker for different evidence. The evidence is then combined at scoring level to improve the performance. The monolingual, crosslingual, and multilingual speaker identification studies were conducted using 30 randomly selected speakers from the IITG multivariability speaker recognition database. The experimental results show that the combined evidence improves the performance by nearly 8–10% compared with individual evidence. (shrink)

Accounts of language evolution have largely suffered from a monolingual bias, assuming that language evolved in a single isolated community sharing most speech conventions. Rather, evidence from the small-scale societies who form the best simulacra available for ancestral human communities suggests that the combination of small societal scale and out-marriage pushed ancestral human communities to make use of multiple linguistic systems. Evolutionary innovations would have occurred in a number of separate communities, distributing the labor of structural invention between populations, and (...) would then have been pooled gradually through multilingually mediated horizontal transfer to produce the technological package we now regard as a natural ensemble. (shrink)

Contemporary African philosophy in indigenous African languages and English translation.

Doing research in a globalized context – regardless of the discipline – requires language decisions at different stages of the research process. Many of these language decisions have ethical implications. Existing literature and ethical guidance tend to focus on ethical concerns that arise in communication with participants who use a language different from the main research language. As this article shows, language decisions with potential ethical implications can occur in many additional ways. Two questions guided this work: how do language (...) decisions and research ethics intersect at different stages of the research process, and what potential harm is related to language decisions and how can such concerns be mitigated? Relevant literature – combined with practical research experiences – show that language decisions can potentially result in harm at the conception stage of research projects, when working with participants, during data analysis, interpretation, and dissemination, as well as when managing a research project. Thus, the article highlights that the role of language-related ethical dilemmas is not only organizational (e.g., ensuring participants can understand what the research is about), but also social (e.g., developing trust and relationships in research teams) as well as ideological (e.g., awareness of power structures and diverse worldviews). In order to support researchers in globalized contexts, this article offers a reflective framework that complements regulatory guidance issued by ethical bodies and facilitates a deeper awareness of ethical implications related to language decisions in a multilingual world. (shrink)

The Court of Justice of the European Union and the way in which it works can be seen as a microcosm of how a multilingual, multicultural supranationalisation process and legal order can be constructed—the Court is a microcosm of the EU as a whole and in particular of EU law. The multilingual jurisprudence produced by the CJEU is necessarily shaped by the dynamics within that institution and by the ‘cultural compromises’ at play in the production process. The resultant (...) texts, which make up that jurisprudence, are hybrid in nature and inherently approximate. On the one hand, that approximation can lead to discrepancies between language versions of the Court’s case law and thus jeopardise the uniform application of EU law. On the other hand, that approximation and hybridity define EU law as a distinct, supranational legal order. This paper analyses the operation of the CJEU and considers whether a linguistic cultural compromise exists within that institution which exercises a formative influence on the character of its ‘output’—i.e. its jurisprudence—and what that may mean for our understanding of the development of EU law. (shrink)

Research Ethics, Volume 18, Issue 3, Page 210-225, July 2022. Interview-based research in multilingual situations can present researchers with specific ethical challenges relating to language-based power play, data handling and presentation. Studies indicate favouring the L1 as an interviewing language may produce better quality data, but external pressures can favour English as the dominant research language. This article examines researcher perceptions and experiences of the ethical consequences of language choice and the practical issues involved. Interviews were conducted with five (...) European researchers working on an interview-based project with experiences of diverse interviewing scenarios. The four moral principles of respect for autonomy, justice, beneficence and non-maleficence were used as a framework for analysis. The analysis revealed a nuanced picture of ethical issues in both L1- and English-oriented scenarios. This included potential misrepresentation and deculturalisation of the data in the former, and language-based power asymmetries in the latter. The findings highlight the importance of documenting ethics-related methodological details of language use, and advocates publication practices favouring the inclusion and foregrounding of L1 data. (shrink)

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)

This volume brings together for the first time a collection of studies that investigates how multilingual speakers construct emotions in their talk as a joint discursive practice. The contributions draw on the well established, converging traditions of conversation analysis, discursive psychology, and membership categorization analysis together with recent work on interactional storytelling, stylization, and multimodal analysis. By adopting a discursive approach to emotion in multilingual talk, the volume breaks with the dominant view of emotions as cognitive and intra-psychological (...) phenomena and their study through self-report. Through detailed analyses of original recorded data, the chapters examine how participants produce emotion-implicative actions, identities, stances, and morality through their interactional work in ordinary face-to-face conversation, computer-mediated interaction, institutional talk in medical, educational, and broadcast media settings, and in research interviews. The volume addresses itself to students and researchers interested in language and emotion, multilingual speakers and settings, pragmatics, and discourse analysis. (shrink)

A multilingual disaster information system (MLDI) has been developed to overcome the language barrier during times of natural disaster. MLDI is a web-based system that includes templates in nine languages so that translated texts can be made available immediately. Mobile phone e-mail with graphic text is a useful tool for delivering multilingual disaster information. The visibility of graphic text on mobile phones was measured and found to be equivalent to the built-in font. However, visibility deteriorates as the character (...) size becomes smaller, especially, on displays with poor resolution. This article also discusses the necessity of multilingual information and measures for a safe and barrier-free society. (shrink)

Since the publication of Ekins’ The Nature of Legislative Intent, significant attention has been paid to common attitude models of legislative intention, that is, models that require unanimity among its group members. A common interpretation of Ekins is that these common attitudes are to be preferred over aggregated attitudes. I argue that any feasible theory of legislative attitudes will require non-trivial aggregation (ie. not based on unanimity rules alone). Two arguments are put forward in this regard: first, that non-trivial aggregation (...) better explains uncooperative legislative behaviour and second, that mathematical problems with aggregation apply to common attitudes as well since they involve trivial aggregation. These arguments generalise to theories of common attitudes other than Ekins’. (shrink)

The tension between external forces for better ethics in organizations, represented by legislation such as the Sarbanes–Oxley Act (SOX), and the call for internal forces represented by increased educational coverage, has never been as apparent. This study examines business school faculty attitudes about recent corporate ethics lapses, including opinions about root causes, potential solutions, and ethics coverage in their courses. In assessing root causes, faculty point to a failure of systems such as legal/professional and management (external) and declining personal (...) values (internal). We also found that faculty recommend external forces as a remedy more often than increased ethics educational coverage; we contextualize this finding with recent ethics education literature. We conclude by proposing that neither legislation nor ethics education alone are complete when addressing widespread unethical corporate acts and offer a multi-faceted approach to ethics educational opportunities. (shrink)

This paper explores the financial reporting scandals of the past decade and the resulting U.S. legislative attempts to impose ethical behavior and control the incidence of new reporting problems via the Sarbanes-Oxley legislation. We begin with a brief historical perspective followed by assertions of ethical consequences of legislation with discussions of key recent corporate scandals, the motives for the frauds, and the consequences. Ethics related provisions of the Sarbanes-Oxley Act are discussed with the potential impact of the (...) class='Hi'>legislation on the likelihood of similar future frauds and accompanying prognosis for future corporate ethical behavior. (shrink)

Ten countries have established quotas for female representation on publicly traded corporate and/or state-owned enterprise boards of directors, ranging from 33 to 50 %, with various sanctions. Fifteen other countries have introduced non-binding gender quotas in their corporate governance codes enforcing a “comply or explain” principle. Countless other countries’ leaders and policy groups are in the process of debating, developing, and approving legislation around gender quotas in boards. Taken together, gender quota legislation significantly impacts the composition of boards (...) of directors and thus the strategic direction of these publicly traded and state-owned enterprises. This article outlines an integrated model of three institutional factors that explain the establishment of board of directors gender quota legislation based on the premise that the country’s institutional environment co-evolves with gender corporate policies. We argue that these three key institutional factors are female labor market and gendered welfare state provisions, left-leaning political government coalitions, and path-dependent policy initiatives for gender equality, both in the public realm as well as in the corporate domain. We discuss implications of our conceptual model and empirical findings for theory, practice, policy, and future research. These include the adoption and penalty design of board diversity practices into corporate practices, bottom-up approaches from firm to country-level gender board initiatives, hard versus soft regulation, the leading role of Norway and its isomorphic effects, the likelihood of engaging in decoupling, the role of business leaders, and the transnational and international reaction to board diversity initiatives. (shrink)

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political (...) philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)

This review essay examines the contribution of Legislated Rights (Webber et al, Cambridge 2018) to a central issue in constitutional theory: namely, how the institutional division of labour between the legislature and the judiciary with respect to the task of giving effect to constitutional rights is best understood and conceived. In doing so, the essay situates the work within contemporary scholarship and adopts a broadly comparative lens — a perspective that is mindful of key developments in constitutional law and theory (...) over the past several decades. Ultimately, it is suggested that a critical weakness of the capacity of Legislated Rights to contribute to contemporary debates about judicial review is its lack of engagement with these developments. As a result, the work’s intervention largely misses its mark. It speaks to an outdated view that does not reflect contemporary constitutional practice or scholarship. (shrink)

Recently, new developments took place in the Dutch debate on the legislation of euthanasia. After a brief account of that debate, the article discusses a new government proposal for legislation in this field, which was submitted to the Dutch parliament in November 1991. This proposal relates not only to euthanasia but also to some other medical decisions concerning the end of life. The author concludes that, for several reasons, it is unsatisfactory.

This article examines the discursive construction of a specific letter-style multilingual crisis message released by local governmental institutions during China’s battle against the COVID-19 pandemic. Based on a sociocognitive analysis of a collection of 33 English-language messages, the analysis revealed the structural features of the message and the discursive strategies in constructing and negotiating the identities of the message’s addresser and the addressee. It was found that the discursive relationship between the addresser and the addressee was established on an (...) ingroup-outgroup distinction mediated by neutralising strategies to reduce authoritative imposition and image-enhancing strategies to promote a responsible government. The findings suggest that multilingual crisis communication is a multivocal, complex social practice shaped by genre, textual, media and contextual factors. These findings will provide insights into the crisis discourse as an emerging topic of interest and help inform multilingual communication strategies in and beyond the context of a public health emergency. (shrink)

Marcus Willaschek and I have argued against the widespread assumption that Kant claims the Moral Law—the supreme principle of morality—is (or must be regarded as) ‘self-legislated’. We argue that Kant instead describes the Moral Law as an _a priori_ principle of the will. We also argue that his conception of autonomy concerns not the Moral Law but substantive moral laws such as the law that requires promoting the happiness of others. In the present essay, I respond to the commentary by (...) Alyssa Bernstein and Christoph Hanisch. In response to Bernstein, I clarify the relation between our interpretation of Kant and those proposed by John Rawls and Allen Wood. In response to Hanisch, I argue, among other things, that Kant’s defense of the thesis that the Moral Law is an a priori principle of pure practical reason does not mean that practical reasoning and reasons-based action are impossible without it. It means rather that _morally good_ and _morally evil_ reasons-based action are impossible without it. (shrink)

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

This study focuses on discussing the choices of lessee in Jordan legislation because of a Defense Order in Curfew to face Corona Virus Disease 2019 and the impact of Corona virus disease 2019 on the lessor obligation. The study finds out that the lessee has two options: to cancel the contract regarding force majeure or refuge to court and to reduce the fare amount regarding exceptional circumstances. The study also recommended issuing a Defense Order specifying the exact percentage to (...) be reduced. In the absence of a Defense Order, the study of a friendly agreement should be recommended between the lessor and the tenant on the reduced percentage. (shrink)

With a textual record spanning dozens of languages—to say nothing of its oral histories—Advaita Vedānta’s multilingual archive presents obvious and daunting challenges for scholars of South Asian intellectual and religious histories. The papers in this issue build on recent multilingual and contextual approaches to South Asian intellectual history by reading a rich corpus of Advaita Vedānta material in Persian, Marathi, Tamil, Sanskrit and Braj Bhasha. In bringing these sources and their authors into conversation with one another, this issue (...) acknowledges Advaita Vedānta’s broad appeal in early-modern and colonial South Asia; but it also attests to Advaita Vedānta’s heterogeneous, textured, and even contested historical development. The following papers chart Advaita Vedānta across five unique social, linguistic, intellectual, and geographical spaces from the middle of the sixteenth century to the middle of the nineteenth century. While no single issue could contextualize something as historically recalcitrant as Advaita Vedānta, we see this special issue as a step on the long and necessary road to historicizing Vedānta, broadly, and Advaita Vedānta, specifically. (shrink)

With a textual record spanning dozens of languages—to say nothing of its oral histories—Advaita Vedānta’s multilingual archive presents obvious and daunting challenges for scholars of South Asian intellectual and religious histories. The papers in this issue build on recent multilingual and contextual approaches to South Asian intellectual history by reading a rich corpus of Advaita Vedānta material in Persian, Marathi, Tamil, Sanskrit and Braj Bhasha. In bringing these sources and their authors into conversation with one another, this issue (...) acknowledges Advaita Vedānta’s broad appeal in early-modern and colonial South Asia; but it also attests to Advaita Vedānta’s heterogeneous, textured, and even contested historical development. The following papers chart Advaita Vedānta across five unique social, linguistic, intellectual, and geographical spaces from the middle of the sixteenth century to the middle of the nineteenth century. While no single issue could contextualize something as historically recalcitrant as Advaita Vedānta, we see this special issue as a step on the long and necessary road to historicizing Vedānta, broadly, and Advaita Vedānta, specifically. (shrink)