Pragmatic Issues in Translating the DCFR and drafting the CESL: an Introduction

Translating the DCFR and drafting the CESL have been extremely complex enterprises, and closely dependent one on the other. The volume takes a pragmatic approach in describing them. Structured in four parts, it sets out the historical and philosophical background of legal translation, and then focuses more narrowly on the legal translation processes adopted in the DCFR and the CESL. The volume provides legal and linguistic scholars as well as legal translators with a deeper understanding of the complexity of legal translation processes, which involve many institutional and non-institutional actors, each applying different methods of translation

New Frontiers of Legal Knowledge: How Design Provotypes Can Contribute to Legal Change

Legal change is a complex phenomenon. Transplants, imitations, borrowings, assimilations by chance or for prestige, adoptions and rejections, and cross-fertilization are all dynamic processes, which correspond to the past and the present of world legal systems—they are not just a matter of the “sovereign will” of a state and its sovereign power. Beyond the state, supranational institutions of various kinds are the global agents responsible for shaping legal order reform. Their actions are the preserve of a multitude of forces, including transnational epistemic communities across the globe. What is less explored is how legal change can be the outcome of individual and collective actions, in an age when, for the first time in human history, social organizations depend on the use of information and communication technologies (ICTs). This fact radically affects the legal sphere. How do these collectives and individuals exercise their rights and how are they reminded of their duties, thus playing a major role in delineating the boundaries of the relationship between themselves, legal institutions, and legal change? What legal change is implied by the empirical analysis of the social acts involved in what they do? While legal transplantation theory explicitly deals with how legal change is produced with reference to national and transnational legal institutions, the recognition of speculative design practice in the legal domain can raise awareness of pressing societal issues and bolster individual and collective civic agency over transformation and legal change, through imagination and critical thinking

The single european market and cultural heritage : the protection of national treasures in Europe

The Chapter contributes to the general debate on the tension between the EU and the Member States by addressing some of the questions concerning the circulation of cultural goods within the internal market, after providing a short sketch of the development and the key features of the global framework, to better understand the EU legal landscape