Law and Language. Elementi di cultura giuridica europea nella traduzione del diritto

The process of European legal harmonization can be observed from different perspectives, yet to face its many challenges, it is crucial to investigate the developments of European legal culture. The interdisciplinary field of Law and Language represents a path to follow in order to reach a thorough understanding of European Law and, particularly, the problems related to its interpretation and implementation in different national legal systems through their different legal languages. Following the path of legal translation which is entwined with the broader perspective of comparative legal studies, the aim is to discuss the impacts that the most recent academic achievements concerning the legal-linguistic studies are likely to have on the process to reinforce or weaken European law and jurisprudence. The differences between the legal traditions of every Member State are visible and present through their legal language that is deemed to be the most difficult specialised language to interpret and translate, since it is strictly interrelated with every single legal culture, working as a continuous bond that binds antiquity to novelty and law to subject. After an introduction concerning the methodological issues, the research focuses on the legal consequences of a multilingual and supranational legal system such as the European Union and, particularly, the relationship between the conceptual and the terminological levels in the drafting process of European Law. Indeed, the primary and secondary term formation, hence the terminological choices, represent a fundamental way to guarantee the rule of law, the certainty and transparency of legislation. Furthermore, it is discussed to what extent the use of a common language, such as a lingua franca like English, can cause a standardization of the legal discourse that brings inevitably consequences on the dimension of justice and the protection of rights. The Law and Humanities scholars argue that the method of translation, working as an ethical dimension to meet and communicate with the Other, represents a paradigm to use in the administration of justice. The translation process can be applied beyond the linguistic field, especially to the legal hermeneutics, where legal language, as it is rooted in the legal culture, plays a critical role in the interpretive process. As such, this method of interpretation can heighten the chances to solve, or at least to better understand, the conflicts that follow the quest of justice.