Pragmatic Issues in Legal Translation: from the DCFR to the proposed CESL
The Conference is organized by the CDCT (Centro di Diritto Comparato e Transnazionale) and the Department of Law of the University of Torino. It is part of a research project titled “The Making of a New European Legal Culture. Prevalence of a single model, or cross-fertilization of national legal traditions?” coordinated by Michele Graziadei.
The first session will concentrate on general issues, and introduces theoretical aspects of the relationship between law, language and translation. Issues looked at include translation of vague concepts, and especially of vague legal concepts, as well as the principle of equivalence that translation and legal translation should (or could) adopt..
The second session will focus on translation into the different language versions of the Draft Common Frame of Reference (DCFR), the ‘tool-box’ of definitions and model rules that a network of legal scholars developed 10 years ago for the European Commission. Discussion will focus on assessing how faithful the translations are to the original DCFR text and on the degree of equivalence between the translations. Other issues addressed will include terms that may confuse legal practitioners who are more familiar with national meanings, as well as vagueness and complexity in legal drafting.
The third session will look at the transition from the DCFR to the CESL, the proposed Regulation on a Common European Sales Law (October 2011). Once enacted, the CESL will have direct effect: thus the process of translating it into the 23 authentic language versions is crucial for its implementation, given that the EU is built on the principle of the equality of its official languages. Does the multilingual version of the CESL really contribute to legal certainty in transnational sales law and does it enhance the internal market? Does the requirement to respect linguistic diversity enable sales law to protect European consumers and their health and safety?
Gianmaria Ajani, Michele Graziadei, Silvia Ferreri, Lucia Morra, Barbara Pasa, Rodolfo Sacco
– Legal translation and comparative law
– Vagueness in legal texts
– Legal definitions and equivalence in different languages
– The translation of the Draft Common Frame of Reference
– The proposed Regulation on the Common European Sales Law
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