Theoretical concepts

pp. 5-17

in: Rosanna Masiola, Renato Tomei, Law, language and translation, Berlin, Springer, 2015

Abstract

In law and globalization dynamics, translation and interpretation are crucial issues. Not only do we have to come to terms with inter-lingual translational practices, but also with inter-systemic interpretation when two or more law traditions meet. Furthermore, when dealing with the law, interpretation is a two-fold activity. There is a hermeneutical, 'spirit of the law" interpretation of the source text and a linguistic, interactional interpretation. In the fist instance, the question of ambiguity and adaptation of the 'spirit" of the law features conceptual and cognitive meanings. Several possible approaches to meaning and interpretation are outlined. The body of law has a conceptual lexicon and the quality of definitions is vital. If ambiguity is an intentional strategy of the lawyer, the question of multilingual lexicography is a further challenging issue.