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Legal Discourse across Languages and Cultures

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Maurizio Gotti and Christopher John Williams

The chapters constituting this volume focus on legal language seen from cross-cultural perspectives, a topic which brings together two areas of research that have burgeoned in recent years, i.e. legal linguistics and intercultural studies, reflecting the rapidly changing, multifaceted world in which legal institutions and cultural/national identities interact. Within the broad thematic leitmotif of this volume, it has been possible to identify two major strands: legal discourse across languages on the one hand, and legal discourse across cultures on the other. Of course, labels of this kind are adopted partly as a matter of convenience, and it could be argued that any paper dealing with legal discourse across languages inevitably has to do with legal discourse across cultures. But a closer inspection of the papers comprising each of these two strands reveals that there is a coherent logic behind the choice of labels. All seven chapters in the first section are concerned with legal topics where more than one language is at stake, whereas all seven chapters in the second section are concerned with legal topics where cultural differences are brought to the fore.

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MAURIZIO GOTTI / CHRISTOPHER WILLIAMS Introduction .......................................................................................... 7 Legal Discourse across Languages SUSAN ŠAREVI Creating a Pan-European Legal Language ......................................... 23 COLIN ROBERTSON Legal-linguistic Revision of EU Legislative Texts ............................. 51 MARTINA BAJI Challenges of Translating EU Terminology ....................................... 75 JAN ROALD / SUNNIVA WHITTAKER Verbalization in French and Norwegian Legislative Texts: A Contrastive Case Study ................................................................... 95 LELIJA SOANAC Linguistic Transference in Croatian Law Articles ............................ 109 SILVIA CACCHIANI / CHIARA PREITE Law Dictionaries across Languages: Different Structures, Different Relations between Communities of Practice? ................... 131 SNJEŽANA HUSINEC The Use of Comparative Legal Analysis in Teaching the Language of the Law .................................................................. 155 Legal Discourse across Cultures JANET AINSWORTH Linguistic Ideology in the Workplace: the Legal Treatment in American Courts of Employers’ ‘English-only’ Policies ............. 177 WILLIAM BROMWICH Discourse Practices and Divergences in Legal Cultures in Employment Tribunals ................................................................. 195 GIORGIA RIBONI Constructing the Terrorist in the Decisions of the Supreme Court of the United States and the European Court of Human Rights ....... 219 DAVIDE MAZZI The Centrality of Counterfactual Conditionals in House of Lords and US Supreme Court Judgments .................................... 243 IGNACIO VÁZQUEZ ORTA A Genre-based View of Judgments of Appellate Courts in the Common Law System: Intersubjective Positioning, Intertextuality and Interdiscursivity in the Reasoning of Judges ...... 263 THOMAS CHRISTIANSEN The Concepts of Property and of Land Rights in the Legal Discourse of Australia Relating to Indigenous Groups .................... 285 ISMAEL ARINAS PELLÓN How Does a Patent Move? Genre Analysis Has Something to Say about It ......................................................... 313 Notes on Contributors ....................................................................... 335

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