Law and Language(s) at the Heart of the European Project: Educating Different Kinds of Lawyers

Sage-Fuller, Bénédicte; Lippe, Ferdinand Prinz zur; Conaill, Seén Ó

doi:10.1093/acprof:oso/9780199673667.003.0306

Cited by 14 publications

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“…Prior to the theoretical development of law and economics in the United States, distinguished judges of the common law system, such as Oliver Holmes, Henry Friendly, Benjamin Cardozo, and Learned Hand, had already used the methodology typical to the economic thinking in their judicial practice, 7 one could argue that practice preceded academia. In Georgia, therein, scholars should bear the struggle of Sisyphus.…”

Section: Introductionmentioning

confidence: 99%

Law and Economics, or Punctum Archimedis in Environmental Law

Khavtasi¹

2021

LAW

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This article examines the autonomous field of Law and Economics, indicates the importance of integrating the economical methodology in the process of comprehensively understanding the normative order and laments over the undesirable shortage of interdisciplinary education and academic dialogue regarding Law and Economics in Georgia. Moreover, this paper deliberates on the relevance of the Coase theorem for lawyers and policy-makers, displays the specific recommendations of its application in jurisprudence, including elucidating property rights, maximizing economic productivity and minimizing transaction costs. The following article discusses attempts and shortcomings to harmonize a decentralized market solution in environmental law and demonstrates regarding the example of the EU emission trading system that the method of Law and Economics can be used not only for a thorough analysis of the existing model but also as a pragmatic instrument for defining a normative program.

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Section: Introductionmentioning

confidence: 99%

Law and Economics, or Punctum Archimedis in Environmental Law

Khavtasi¹

2021

LAW

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Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Leung

2019

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This book offers a critical perspective to the proliferation of official multilingualism in the contemporary world. Through diachronic and synchronic comparisons, it shows that official multilingualism has become a norm in the political management of linguistic diversity, but actual practices vary according to sociohistorical contexts and current power dynamics. It explains such convergences and divergences using a theory of symbolic jurisprudence, which posits that official language law has served chiefly as a discursive resource for a range of political and economic functions, such as ensuring stability, establishing legitimacy, balancing rival powers, and harnessing trade opportunities. The book goes on to examine the practical impact of official multilingualism on public institutions and legal processes and the application of linguistic equality—frequently asserted in multilingual polities—on the ground. The study shows that serious pursuit of linguistic equality calls for elaborate administrative effort in public institutions and carries a potential to clash with existing legal practices (from legal drafting and interpretation, to language rights in trial proceedings). However, such changes—however extensive—hardly ever disrupt the status quo. The book further argues that linguistic equality as proclaimed and practiced in many polities today is shallow in character, and must not be confused with popular conceptions of equality. The book concludes that both symbolic jurisprudence and shallow equality are components of a policy of strategic pluralism that underlies official multilingualism. Although official multilingualism can legitimately be used to pursue collective goals, it runs the underlying risks of disguising substantive inequalities and displacing more progressive efforts in social change.

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Leung

2019

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

View full text Add to dashboard Cite

Law and Language(s) at the Heart of the European Project: Educating Different Kinds of Lawyers

Cited by 14 publications

References 0 publications

Law and Economics, or Punctum Archimedis in Environmental Law

Law and Economics, or Punctum Archimedis in Environmental Law

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Copyright Page

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