Publication Type

Book Chapter

Version

acceptedVersion

Publication Date

1-2025

Abstract

Language can be seen as an intuitive challenge for those who embark on comparative constitutional research: its intricate entanglement with law is often overlooked and not engaged with explicitly. This chapter argues that this is a missed opportunity at best, and arguably presents a hazard for the collective quality of the scholarly discourse. It discusses four ways in which language matters when engaging in constitutional comparisons: the problem of literal translation; the problem of legal-conceptual translation; a multilingual discourse that is marked by fragmentation; and expectations in communication with a foreign or international readership. The approach taken is constructive, with efforts to identify possible coping techniques to alleviate the challenges identified.

Keywords

language, legal translation, lingua franca, multilingual discourse, contextual translation, labels, dialogue, constitutional comparisons

Discipline

Comparative and Foreign Law | Constitutional Law

Research Areas

Public Interest Law, Community and Social Justice

Areas of Excellence

Sustainability

Publication

Redefining comparative constitutional law: Essays for Mark Tushnet

Editor

JACKSON, Vicki; KHOSLA, Madhav

First Page

87

Last Page

102

ISBN

9780198891451

Identifier

10.1093/9780191996344.003.0007

Publisher

Oxford University Press

Additional URL

https://doi.org/10.1093/9780191996344.003.0007

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