Pub Date : 2017-10-05DOI: 10.1163/22112596-02201006
Heleen van Gerwen, Marie Bourguignon, Bieke Nouws
From the late eighteenth century, nationalist winds blew over Europe, passing also through the new state of Belgium, seceded from the United Kingdom of the Netherlands in 1830. Making use of French as the lingua franca in the political and administrative domains, and trying at the same time to engage the Flemish-speaking part of the population, the Belgian government committed itself to translate its legislative texts into Flemish. Yet, these official translations were broadly criticized by Flemish politicians, lawyers and journalists alike. Their response was to publish translations of key legislative texts via private channels. The purpose of this article is to point out the gap between the government’s explicit motivation to inform the people, and the quality and actual usability of the translations of laws, by engaging with the discussion of common criticisms of official translations expressed by members of the Belgian parliament, jurists and the general public.
{"title":"Translating Law in 19th-Century Belgium: Criticisms of Official Translations of Laws and Decrees","authors":"Heleen van Gerwen, Marie Bourguignon, Bieke Nouws","doi":"10.1163/22112596-02201006","DOIUrl":"https://doi.org/10.1163/22112596-02201006","url":null,"abstract":"From the late eighteenth century, nationalist winds blew over Europe, passing also through the new state of Belgium, seceded from the United Kingdom of the Netherlands in 1830. Making use of French as the lingua franca in the political and administrative domains, and trying at the same time to engage the Flemish-speaking part of the population, the Belgian government committed itself to translate its legislative texts into Flemish. Yet, these official translations were broadly criticized by Flemish politicians, lawyers and journalists alike. Their response was to publish translations of key legislative texts via private channels. The purpose of this article is to point out the gap between the government’s explicit motivation to inform the people, and the quality and actual usability of the translations of laws, by engaging with the discussion of common criticisms of official translations expressed by members of the Belgian parliament, jurists and the general public.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"99-137"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45932811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201014
Lukasz Dziedzic
{"title":"The Cultural Defense of Nations – A Liberal Theory of Majority Rights, written by Liav Orgad","authors":"Lukasz Dziedzic","doi":"10.1163/22112596-02201014","DOIUrl":"https://doi.org/10.1163/22112596-02201014","url":null,"abstract":"","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"277-280"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47158165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201012
N. Zekić
People have the right to manifest their religion or belief. They also have the right not to be discriminated against because of their religion or belief. In addition, most people need employment to provide in their livelihood. It was already known that freedom of religion can be restricted in the employment in the public sector. The public sector (i.e. the government) needs to be able to project neutrality also through its employees. However, the Court of Justice of the European Union expanded this possibility of rights restriction to the private sector. This decision has the potential to harm the chances of obtaining employment of certain minorities in Europe.
{"title":"An Open and Diverse European Union","authors":"N. Zekić","doi":"10.1163/22112596-02201012","DOIUrl":"https://doi.org/10.1163/22112596-02201012","url":null,"abstract":"People have the right to manifest their religion or belief. They also have the right not to be discriminated against because of their religion or belief. In addition, most people need employment to provide in their livelihood. It was already known that freedom of religion can be restricted in the employment in the public sector. The public sector (i.e. the government) needs to be able to project neutrality also through its employees. However, the Court of Justice of the European Union expanded this possibility of rights restriction to the private sector. This decision has the potential to harm the chances of obtaining employment of certain minorities in Europe.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"259-266"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49202710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201011
B. Santos
At a time in which we are going through the ruins of two models of social transformation – social revolution and social reformism –, I identify a radical division between metropolitan and colonial social relations. I describe and denounce what I call an ‘abyssal line’ between these two realities. The difference between the two sides is that on the metropolitan side we can claim rights, as we are fully human. Conversely, on the colonial side, exclusion is abyssal, people are sub-human, and therefore have no rights. To denounce this abyssal exclusion, we should learn other types of knowledge that allow us to produce radical diagnoses of our societies. We should become more aware of the diversity of social experience in the world, an experience of untold and repugnantly unjust suffering, but also of neglected creativity and innovation. We should develop a law of common goods, democratic pluralism, interculturality, and dignity.
{"title":"The Resilience of Abyssal Exclusions in Our Societies: Toward a Post-Abyssal Law","authors":"B. Santos","doi":"10.1163/22112596-02201011","DOIUrl":"https://doi.org/10.1163/22112596-02201011","url":null,"abstract":"At a time in which we are going through the ruins of two models of social transformation – social revolution and social reformism –, I identify a radical division between metropolitan and colonial social relations. I describe and denounce what I call an ‘abyssal line’ between these two realities. The difference between the two sides is that on the metropolitan side we can claim rights, as we are fully human. Conversely, on the colonial side, exclusion is abyssal, people are sub-human, and therefore have no rights. To denounce this abyssal exclusion, we should learn other types of knowledge that allow us to produce radical diagnoses of our societies. We should become more aware of the diversity of social experience in the world, an experience of untold and repugnantly unjust suffering, but also of neglected creativity and innovation. We should develop a law of common goods, democratic pluralism, interculturality, and dignity.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"237-258"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45270230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201008
Jaye Ellis
One of the greatest challenges facing environmental governance is the interaction between science and governance. Translation is proposed as a means to analyze these interactions. To achieve some consensus on the quality of translations, norms and criteria must be developed in order to guide translation, namely through linkage institutions that promote productive misreadings of scientific information by governance authorities and permit judgments regarding the quality and utility of these misreadings. Given the multiplicity of sites – state and non-state – that have access to scientific and other environmentally relevant information, the structures and processes through which translation of scientific knowledge takes place will be subject to ongoing contestation. Nevertheless, the acknowledgment that scientific knowledge must be interpreted and its meaning reconstituted within governance systems may foster a healthier division of labor between science and governance, one in which political and legal authorities assume their responsibility to make judgments and decisions.
{"title":"The Role of Translation in Transnational Governance","authors":"Jaye Ellis","doi":"10.1163/22112596-02201008","DOIUrl":"https://doi.org/10.1163/22112596-02201008","url":null,"abstract":"One of the greatest challenges facing environmental governance is the interaction between science and governance. Translation is proposed as a means to analyze these interactions. To achieve some consensus on the quality of translations, norms and criteria must be developed in order to guide translation, namely through linkage institutions that promote productive misreadings of scientific information by governance authorities and permit judgments regarding the quality and utility of these misreadings. Given the multiplicity of sites – state and non-state – that have access to scientific and other environmentally relevant information, the structures and processes through which translation of scientific knowledge takes place will be subject to ongoing contestation. Nevertheless, the acknowledgment that scientific knowledge must be interpreted and its meaning reconstituted within governance systems may foster a healthier division of labor between science and governance, one in which political and legal authorities assume their responsibility to make judgments and decisions.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"165-184"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49146778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201004
Mgr. Bc. Terezie Smejkalová
Legal language seems to maintain a level of incomprehensibility that creates a barrier, beyond which something is happening: a dispute is resolved, a matter of guilt is ascertained, or a life is taken. This paper tackles a trial (in the sense of any type of legal proceeding before a judge) as a performance of justice; one that, not unlike a magical ritual or ritual theater, happens beyond a certain kind of barrier and is fully accessible only to those duly consecrated. It will be argued that legal language may be understood as such a barrier and the role and status of those who do not master it (i.e. understand law and its concepts) are comparable to those of an audience in a performance. Consequently, this paper will show how understanding the role of this barrier in a performance may help us explore the accessibility of law to the layperson and her subjectivity (in the psychoanalytical sense) within law.
{"title":"Legal Performance: Translating into Law and Subjectivity in Law","authors":"Mgr. Bc. Terezie Smejkalová","doi":"10.1163/22112596-02201004","DOIUrl":"https://doi.org/10.1163/22112596-02201004","url":null,"abstract":"Legal language seems to maintain a level of incomprehensibility\u0000that creates a barrier, beyond which something is happening: a\u0000dispute is resolved, a matter of guilt is ascertained, or a\u0000life is taken. This paper tackles a trial (in the sense of any\u0000type of legal proceeding before a judge) as a performance of\u0000justice; one that, not unlike a magical ritual or ritual\u0000theater, happens beyond a certain kind of barrier and is fully\u0000accessible only to those duly consecrated. It will be argued\u0000that legal language may be understood as such a barrier and the\u0000role and status of those who do not master it (i.e. understand\u0000law and its concepts) are comparable to those of an audience in\u0000a performance. Consequently, this paper will show how\u0000understanding the role of this barrier in a performance may\u0000help us explore the accessibility of law to the layperson and\u0000her subjectivity (in the psychoanalytical sense) within law.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"62-76"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44764402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201002
Nayeli Urquiza-Haas
Immigration case-workers in the UK hear endless stories about flight and persecution by people claiming asylum. However, asylum claims are fragile due to the logocentric foreclosures to the acoustic registers in asylum testimonies. In view of the fragility of refugee narratives of flight, legal safeguards aim to create the right conditions for interviewees’ testimonies. Yet, this article suggests refugee status determination processes sideline the sound of vulnerability by falsely interpreting testimonies that appear to be incomprehensible as untrue or as exceptional accounts of vulnerability. But silenced or fragmented testimonies are not necessarily untrue or devoid of meaning; their meaning is tied to the marginalization of phone in the logocentric logic in law. Instead of accepting the voices of asylum-seekers as aphonic, this article heeds the call to hear the acoustic uniqueness of testimonies, drawing on Adriana Cavarero’s vocal philosophy.
{"title":"Mistranslating Vulnerability: A Defense for Hearing","authors":"Nayeli Urquiza-Haas","doi":"10.1163/22112596-02201002","DOIUrl":"https://doi.org/10.1163/22112596-02201002","url":null,"abstract":"Immigration case-workers in the UK hear endless stories about flight and persecution by people claiming asylum. However, asylum claims are fragile due to the logocentric foreclosures to the acoustic registers in asylum testimonies. In view of the fragility of refugee narratives of flight, legal safeguards aim to create the right conditions for interviewees’ testimonies. Yet, this article suggests refugee status determination processes sideline the sound of vulnerability by falsely interpreting testimonies that appear to be incomprehensible as untrue or as exceptional accounts of vulnerability. But silenced or fragmented testimonies are not necessarily untrue or devoid of meaning; their meaning is tied to the marginalization of phone in the logocentric logic in law. Instead of accepting the voices of asylum-seekers as aphonic, this article heeds the call to hear the acoustic uniqueness of testimonies, drawing on Adriana Cavarero’s vocal philosophy.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"5-30"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44189358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201005
S. Craig, David Gramling
This article focuses on Refugee Status Determination (RSD) procedures, in order to understand the relationships among language, translation / interpreting, evidentiary assessment, and what we call the ‘listening state’. Legal systems have only recently begun to consider whether adjudicative processes ought to take place in multiple languages concurrently, or whether the ideal procedure is to monolingualize evidence first, and then assess it accordingly. Because of this ambivalence, asylum applicants are often left in the ‘zone of uncertainty’ between monolingualism and multilingualism. Their experiences and testimonies become subject to an ‘epistemic anxiety’ only infrequently seen in other areas of adjudication. We therefore ask whether asylum applicants ought to enjoy a ‘right to untranslatability’, taking account of the State's responsibility to cooperate actively with them or whether the burden ought to remain with the applicant to achieve credibility in the language of the respective jurisdiction, through interpretation and translation.
{"title":"Is There a Right to Untranslatability? Asylum, Evidence and the Listening State","authors":"S. Craig, David Gramling","doi":"10.1163/22112596-02201005","DOIUrl":"https://doi.org/10.1163/22112596-02201005","url":null,"abstract":"This article focuses on Refugee Status Determination (RSD) procedures, in order to understand the relationships among language, translation / interpreting, evidentiary assessment, and what we call the ‘listening state’. Legal systems have only recently begun to consider whether adjudicative processes ought to take place in multiple languages concurrently, or whether the ideal procedure is to monolingualize evidence first, and then assess it accordingly. Because of this ambivalence, asylum applicants are often left in the ‘zone of uncertainty’ between monolingualism and multilingualism. Their experiences and testimonies become subject to an ‘epistemic anxiety’ only infrequently seen in other areas of adjudication. We therefore ask whether asylum applicants ought to enjoy a ‘right to untranslatability’, taking account of the State's responsibility to cooperate actively with them or whether the burden ought to remain with the applicant to achieve credibility in the language of the respective jurisdiction, through interpretation and translation.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"59 1","pages":"77-98"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41290099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-05DOI: 10.1163/22112596-02201003
R. Rizwan
This paper examines localized activism conducted through Anglophone Kashmiri literary fiction and by South Asian feminist social justice movements such as Girls at Dhabas and Why Loiter , in order to analyze the emergence of a pleasure-centric model of human rights advocacy in the South Asian region. Life narratives and testimonies foregrounding bodily pain, torture and victimization are ubiquitous within international human rights advocacy campaigns. South Asian activist movements have, however, suggested an alternative to this suffering-centered mode of advocacy; they foreground the effectiveness and emotional resonance of narratives of pleasure instead. This paper builds on existing scholarship focusing on the way in which insights from human rights activism conducted in local cultural contexts can be translated back to the global and how they can in turn potentially transform international practices of human rights advocacy, rather than always the other way around.
{"title":"Local Flows: The Pleasure-centric Turn in Human Rights Advocacy in South Asia","authors":"R. Rizwan","doi":"10.1163/22112596-02201003","DOIUrl":"https://doi.org/10.1163/22112596-02201003","url":null,"abstract":"This paper examines localized activism conducted through Anglophone Kashmiri literary fiction and by South Asian feminist social justice movements such as Girls at Dhabas and Why Loiter , in order to analyze the emergence of a pleasure-centric model of human rights advocacy in the South Asian region. Life narratives and testimonies foregrounding bodily pain, torture and victimization are ubiquitous within international human rights advocacy campaigns. South Asian activist movements have, however, suggested an alternative to this suffering-centered mode of advocacy; they foreground the effectiveness and emotional resonance of narratives of pleasure instead. This paper builds on existing scholarship focusing on the way in which insights from human rights activism conducted in local cultural contexts can be translated back to the global and how they can in turn potentially transform international practices of human rights advocacy, rather than always the other way around.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"22 1","pages":"31-61"},"PeriodicalIF":1.7,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02201003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48787007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-10-12DOI: 10.1163/22112596-02102006
S. Wood
I argue that competence is needed to join the burgeoning activity of developing and applying the administrative norms that are designed to keep contemporary transnational governance institutions in check, but that such competence is not conferred only by states. Using the example of the asymmetric relationships among the International Organization for Standardization (ISO), the ISEAL Alliance (ISEAL) and the World Trade Organization (WTO) in the field of sustainability standards, I argue that competence is the contingent product of an ongoing process of interaction among rule-makers and a variety of relevant audiences. General administrative norms play a central but complicated role in the quest for competence. To illustrate this complexity, I investigate two apparent paradoxes: that competence is sometimes withheld from rule-makers despite their apparent conformity with transnational administrative norms, and that competence is sometimes conferred on rule-makers despite their apparent nonconformity with those norms.
{"title":"Exploring the Relationship between Administrative Norms and Competence in Transnational Governance: iso, iseal and Sustainability Standards","authors":"S. Wood","doi":"10.1163/22112596-02102006","DOIUrl":"https://doi.org/10.1163/22112596-02102006","url":null,"abstract":"I argue that competence is needed to join the burgeoning activity of developing and applying the administrative norms that are designed to keep contemporary transnational governance institutions in check, but that such competence is not conferred only by states. Using the example of the asymmetric relationships among the International Organization for Standardization (ISO), the ISEAL Alliance (ISEAL) and the World Trade Organization (WTO) in the field of sustainability standards, I argue that competence is the contingent product of an ongoing process of interaction among rule-makers and a variety of relevant audiences. General administrative norms play a central but complicated role in the quest for competence. To illustrate this complexity, I investigate two apparent paradoxes: that competence is sometimes withheld from rule-makers despite their apparent conformity with transnational administrative norms, and that competence is sometimes conferred on rule-makers despite their apparent nonconformity with those norms.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"21 1","pages":"193-229"},"PeriodicalIF":1.7,"publicationDate":"2016-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02102006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64565797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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