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Author: Fernand de Varennes
Publisher: BRILL
ISBN: 9004479252
Category : Law
Languages : en
Pages : 552
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Book Description
One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.
Author: Fernand de Varennes
Publisher: BRILL
ISBN: 9004479252
Category : Law
Languages : en
Pages : 552
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Book Description
One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.
Author: Douglas A. Kibbee
Publisher: Cambridge University Press
ISBN: 1316785122
Category : Language Arts & Disciplines
Languages : en
Pages : 245
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Book Description
Language policy is a topic of growing importance around the world, as issues such as the recognition of linguistic diversity, the establishment of official languages, the status of languages in educational systems, the status of heritage and minority languages, and speakers' legal rights have come increasingly to the forefront. One fifth of the American population do not speak English as their first language. While race, gender and religious discrimination are recognized as illegal, the US does not currently accord the same protections regarding language; discrimination on the basis of language is accepted, and even promoted, in the name of unity and efficiency. Setting language within the context of America's history, this book explores the diverse range of linguistic inequalities, covering voting, criminal and civil justice, education, government and public services, and the workplace, and considers how linguistic differences challenge our fundamental ideals of democracy, justice and fairness.
Author: Zakeera Docrat
Publisher: African Sun Media
ISBN: 1991201265
Category : Law
Languages : en
Pages : 317
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Book Description
A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond is an interdisciplinary publication located in the discipline of forensic linguistics/ language and law. This handbook includes varying comparative African and global case studies on the use of language(s) in courtroom discourse and higher education institutions: Kenya; Morocco; Nigeria; Australia; Belgium Canada and India. These African and global case studies form the backdrop for the critique of the monolingual English language of record policy for South African courts, the core of this handbook, discussed in relation to case law and the beleaguered legal interpretation profession. This handbook argues that linguistic transformation and decolonisation of South Africa’s legal and higher education systems needs to be undertaken where legal practitioners are linguistically equipped to litigate in a bilingual/ multilingual courtroom that enables access to justice for the majority of African language speaking litigants, enforcing their constitutional language rights.
Author: International Academy of Language Law. International Conference
Publisher:
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 364
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Book Description
What will eventually be decided about language policy in South Africa? Will English eventually become the official language of communication? At the Third International Conference on Language Law in April 1992, a number of themes were addressed, inter alia language and law; theory and practice; language rights and human rights; language and law in the African and South African context; language and empowerment; a language policy for the South African situation; and language contact, conflict, coexistence and cooperation.
Author: Eric Heinze
Publisher: Routledge
ISBN: 1351770144
Category : Law
Languages : en
Pages : 152
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Book Description
This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
Author: Janny Leung
Publisher: Oxford University Press
ISBN: 0190210338
Category : Language Arts & Disciplines
Languages : en
Pages : 321
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Book Description
This book offers a comprehensive account of official multilingualism and its legal ramifications. Janny H.C. Leung shows that while offering official status to multiple languages has become normalized, actual implementation and success vary. Despite often elaborate institutional adaptations, changes hardly ever challenge the status quo enjoyed by a dominant linguistic group. Leung argues that both "shallow equality" and "symbolic jurisprudence" are characteristics of official multilingualism driven by strategic pluralism.
Author: Janny H.C. Leung
Publisher: Oxford University Press
ISBN: 0190210346
Category : Language Arts & Disciplines
Languages : en
Pages : 321
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Book Description
What challenges face jurisdictions that attempt to conduct law in two or more languages? How does choosing a legal language affect the way in which justice is delivered? Answers to these questions are vital for the 75 officially bilingual and multilingual states of the world, as well as for other states contemplating a move towards multilingualism. Arguably such questions have implications for all countries in a world characterized by the pressures of globalization, economic integration, population mobility, decolonization, and linguistic re-colonization. For lawyers, addressing such challenges is made essential by the increased frequency and scale of transnational legal dealings and proceedings, as well as by the lengthening reach of international law. But it is not only policy makers, legislators, and other legal practitioners who must think about such questions. The relationship between societal multilingualism and law also raises questions for the burgeoning field of language and law, which posits--among other tenets--the centrality of language in legal processes. In this book, Janny H.C. Leung examines key aspects of legal multilingualism. Drawing extensively on case studies, she describes the implications of the legal, practical, and ideological dilemmas encountered in a given country when it becomes bilingual or multilingual, discussing such issues as: how legal certainty and the linguistic ideology of authenticity may be challenged in a multilingual jurisdiction; how courts balance the language preferences of different courtroom participants; and what historical, socio-political and economic factors may influence the decision to cement a given language as a jurisdiction's official language. Throughout, Leung elaborates a theory of "symbolic jurisprudence" to explore common dilemmas found across countries, despite their varied political and cultural settings, and argues that linguistic equality as proclaimed and practiced today is a shallow kind of equality. Although officially multilingual jurisdictions appear to be more inclusive than their monolingual counterparts, they run the risk of disguising substantive inequalities and displacing real efforts for more progressive social change. This is the first book to offer overarching discussion of how such issues relate to each other, and the first systematic study of legal multilingualism as a global phenomenon.
Author: Haley De Korne
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 1501511424
Category : Language Arts & Disciplines
Languages : en
Pages : 233
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Book Description
While top-down policies and declarations have yet to establish equal status and opportunities for speakers of all languages in practice, activists and advocates at local levels are playing an increasingly significant role in the creation of new social imaginaries and practices in multilingual contexts. This volume describes how social actors across multiple domains contribute to the elusive goal of linguistic equality or justice through their language activism practices. Through an ethnographic account of Indigenous Isthmus Zapotec language activism in Oaxaca, Mexico, this study illuminates the (sometimes conflicting) imaginaries of what positive social change is and how it should be achieved, and the repertoire of strategies through which these imaginaries are being pursued. Ethnographic and action research conducted from 2013-2018 in the multilingual Isthmus of Tehuantepec brings to light the experiences of educators, students, writers, scholars and diverse cultural activists whose aspirations and strategies of social change are significant in shaping the future language ecology. Their repertoire of strategies may inform and encourage language activists, scholars, and educators working for change in other contexts of linguistic diversity and inequality.
Author: Derek Black
Publisher: Aspen Publishing
ISBN: 1543823246
Category : Law
Languages : en
Pages : 1356
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Book Description
Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual
Author: Benjamin M. Superfine
Publisher: Cambridge University Press
ISBN: 1107016924
Category : Education
Languages : en
Pages : 279
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Book Description
Examines how the concept of equality in education law and policy has transformed from Brown v. Board of Education through the Stimulus.
