Shallow equality and symbolic jurisprudence in multilingual legal orders janny h.c. leung - Download

Page 1


https://ebookmass.com/product/shallow-equality-and-symbolicjurisprudence-in-multilingual-legal-orders-janny-h-c-leung/

Instant digital products (PDF, ePub, MOBI) ready for you

Download now and discover formats that fit your needs...

Fictitious and Symbolic Creatures in Art John Vinycomb

https://ebookmass.com/product/fictitious-and-symbolic-creatures-inart-john-vinycomb/

ebookmass.com

Symbolic Logic Odysseus Makridis

https://ebookmass.com/product/symbolic-logic-odysseus-makridis/

ebookmass.com

Centrifugal Separations in Biotechnology 2nd Edition Wallace Woon Fong Leung

https://ebookmass.com/product/centrifugal-separations-inbiotechnology-2nd-edition-wallace-woon-fong-leung/

ebookmass.com

Sex Differences in Cardiac Diseases: Pathophysiology, Presentation, Diagnosis and Management Niti R. Aggarwal

https://ebookmass.com/product/sex-differences-in-cardiac-diseasespathophysiology-presentation-diagnosis-and-management-niti-r-aggarwal/

ebookmass.com

White Nationalism and the Republican Party; Toward Minority Rule in America John Ehrenberg

https://ebookmass.com/product/white-nationalism-and-the-republicanparty-toward-minority-rule-in-america-john-ehrenberg/

ebookmass.com

Talion Rule Whitney Hill

https://ebookmass.com/product/talion-rule-whitney-hill-2/

ebookmass.com

Sold to the Demon Prince (Sins of the Blood War Book 1) Lauren Crowne

https://ebookmass.com/product/sold-to-the-demon-prince-sins-of-theblood-war-book-1-lauren-crowne/

ebookmass.com

Single Variable Calculus: Early Transcendentals 9th Edition James Stewart

https://ebookmass.com/product/single-variable-calculus-earlytranscendentals-9th-edition-james-stewart/

ebookmass.com

McGraw-Hill Education Social Studies Workbook for the GED

Test 3rd Edition Mcgraw Hill Editors

https://ebookmass.com/product/mcgraw-hill-education-social-studiesworkbook-for-the-ged-test-3rd-edition-mcgraw-hill-editors/

ebookmass.com

https://ebookmass.com/product/a-story-of-us-a-new-look-at-humanevolution-lesley-newson/

ebookmass.com

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

OXFORD STUDIES IN LANGUAGE AND LAW

Oxford Studies in Language and Law includes scholarly analyses and descriptions of language evidence in civil and criminal law cases as well as language issues arising in the area of statutes, statutory interpretation, courtroom discourse, jury instructions, and historical changes in legal language.

Series Editors:

Janet Ainsworth, Seattle University School of Law

Lawrence Solan, Brooklyn Law School

Editorial Board: Janet Cotterill, Cardiff University, UK

Christopher Heffer, Cardiff University, UK

Robert Leonard, Hofstra University

Anne Lise Kjær, University of Copenhagen

Gregory Matoesian, University of Illinois at Chicago

Elizabeth Mertz, University of Wisconsin Law School and American Bar Foundation

Roger W. Shuy, Georgetown University

The Legal Language of Scottish Burghs: Standardization and Lexical Bundles (1380–1560)

Joanna Kopaczyk

“I’m Sorry for What I’ve Done”: The Language of Courtroom Apologies

M. Catherine Gruber

Dueling Discourses: The Construction of Reality in Closing Arguments

Laura Felton Rosulek

Entextualizing Domestic Violence: Language Ideology and Violence Against Women in the Anglo-American Hearsay Principle

Jennifer Andrus

Speak English or What?: Codeswitching and Interpreter Use in New York City Small Claims Court

Philipp Sebastian Angermeyer

Law at Work: Studies in Legal Ethnomethods

Edited by Baudouin Dupret, Michael Lynch, and Tim Berard

Speaking of Language and Law: Conversations on the Work of Peter Tiersma

Edited by Lawrence M. Solan, Janet Ainsworth, and Roger W. Shuy

Confronting the Death Penalty: How Language Influences Jurors in Capital Cases

Robin Conley

Discursive Constructions of Consent in the Legal Process

Edited by Susan Ehrlich, Diana Eades, and Janet Ainsworth

From Truth to Technique at Trial: A Discursive History of Advocacy Advice Texts

Philip Gaines

Discourse, Identity, and Social Change in the Marriage Equality Debates

Karen Tracy

Translating the Social World for Law: Linguistic Tools for a New Legal Realism

Edited by Elizabeth Mertz, William K. Ford, and Gregory Matoesian

Conceptions in the Code: How Metaphors Explain Legal Challenges in Digital Times

Stefan Larsson

Deceptive Ambiguity by Police and Prosecutors

Roger W. Shuy

Legal Integration and Language Diversity: Rethinking Translation in EU Lawmaking

C. J. W. Baaij

Legal Translation Outsourced

Juliette R. Scott

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Janny H. C. Leung

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America.

© Oxford University Press 2019

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.

You must not circulate this work in any other form and you must impose this same condition on any acquirer.

Library of Congress Cataloging-in-Publication Data

Names: Leung, Janny H. C., author.

Title: Shallow equality and symbolic jurisprudence in multilingual legal orders / Janny H. C. Leung.

Description: New York : Oxford University Press, 2019. |

Series: Oxford studies in language and law | Includes bibliographical references and index.

Identifiers: LCCN 2018031469 (print) | LCCN 2018041224 (ebook) | ISBN 9780190210342 (updf) | ISBN 9780190210359 (online content) | ISBN 9780190930608 (epub) | ISBN 9780190210335 (hardback)

Subjects: LCSH: Linguistic rights. | Multilingualism. | Linguistic minorities—Legal status, laws, etc. | Law—Language. | Discrimination in language. | Language policy. | BISAC: LANGUAGE ARTS & DISCIPLINES / Linguistics / Sociolinguistics. | LANGUAGE ARTS & DISCIPLINES / Linguistics / Historical & Comparative.

Classification: LCC K3259 (ebook) | LCC K3259 .L48 2019 (print) | DDC 340/.14—dc23

LC record available at https://lccn.loc.gov/2018031469

9 8 7 6 5 4 3 2 1

Printed by Sheridan Books, Inc., United States of America

For the struggle against disciplinary boundaries.

CONTENTS

Acknowledgments ix

Synopsis xi

Introduction: Language and Law in the Whirlpool of Politics 1

Making Sense of Multilingual Legal Orders 4

A Search for Meaning at a Multidisciplinary Crossroads 8

PART I  Causes

1. Tracing Linguistic Management through Time: Law as a Lens 17

Functional Multilingualism in Medieval Class Society 18

Colonial Diglossia in European Imperialism 22

Linguistic Nationalism and the Birth of Monolingual Modern States 26

Linguistic Rivalry during Decolonization 31

Parallel Multilingualism in International Legal Order 33

Characterizing Contemporary Legal Multilingualism 35

2. Mapping a Global Phenomenon: The Spectacle of Official Multilingualism 39

Some Precursors 40

Inclusion Criteria 41

Contestable Issues 43

Bilingual and Multilingual Sovereign States 49

Bilingual and Multilingual Non-State Jurisdictions 69

Jurisdictions with De Facto Bilingual or Multilingual Law 77

Observations 78

3. How Official Multilingualism Works: A Symbolic Jurisprudence 87

The Legal and Political Meaning of Status Labels 88

Official Rhetoric 91

The Excluded Others 93

The Symbolic Jurisprudence of Official Language Law 96

Identity Formation and Norm Creation 116

4. Institutionalizing Multilingualism: Watchdogs on a Leash and the Bureaucratic Trap 123

Negotiating the Legal Meaning of Language Status 123

Mechanisms for Implementation and Their Limitations 130

Resource Constraints 141

Reality Check: Status Quo, Undisrupted 150

5. Creating Multilingual Legal Texts: Domination and Dependence 157

Challenges in Legal Translation 158

Reinventing Legal Drafting: Translation and Beyond 167

Constructing and Developing a Legal Language 171

From Linguistic to Ideological Engineering 172

The Impossibility of Textual Equality 180

6. Interpreting Multilingual Legislation: The Limits of Language and the Certainty of Uncertainty 183

Multiple Expressions, One Law? 183

To Be Equal or Not to Be Equal 185

Equal Authenticity 187

Textual Equivalence as Legal Fiction 190

Legislative History and Implicit Preference 192

A Teleological Approach to Legal Interpretation 194

Routine Comparison and Textual Interdependency 197

The European Union as a Radical Example 199

Rethinking Legal Interpretation 204

7. Conferring Official Language Rights in Legal Communication: Access to Justice and Conflict of Laws 209

The Notion of Language Rights 210

Official Language Rights in Multilingual Courtrooms 213

The Language Criterion in Jury Selection 233

Unrepresented Litigants 243

Paradox of Language Rights 246

8. Concluding Remarks on Linguistic Equality, Strategic Pluralism, and Linguistic Justice 249

Inherent Dilemmas about Upholding Linguistic Equality 250

The Shallow Character of Linguistic Equality 254

The Linguistic Justice Debate 259

Pluralism as a Strategy 262

A Tale of Caution and Opportunity 264

Bibliography 267

Index 295

ACKNOWLEDGMENTS

This book would not exist if my colleague Christopher Hutton did not infect me with the idea that studying law is “fun.” Two post-doctoral degrees later, my exploration in language and law continues. His thirst for knowledge, characteristic humility, caring for humanity, and endless patience have been a constant source of inspiration.

I am indebted to Alan Durant, a long-term collaborator whom I have learnt a great deal from. I have not met a more conscientious academic and a more detail-minded thinker, writer, and reader.

I am also grateful to Janet Ainsworth, Lawrence Solan, Peter Goodrich, and William Alford for their unfailing support, continuous encouragement, and professional guidance at different stages of my intellectual pursuit.

The manuscript has benefited from my discussions with Daniel Markovits and Michael Reisman from Yale Law School; constructive feedback I have received from Brook Bolander, Christopher Hutton, and other colleagues from the School of English and Faculty of Law at the University of Hong Kong; as well as editorial support from Hallie Stebbins and Hannah Doyle at Oxford University Press.

My gratitude extends to Jennifer Allison (librarian from the Harvard Law School Library), and my research assistants Brian Chan, Zena Prodromou, Patrick Jiang, and Matthew Yeung.

The time and resources required for the undertaking of this project were made possible by the generous support from a Hong Kong government grant (HKU 747812H of General Research Fund), a visiting scholarship from the Harvard Yenching Institute in 2013–2014, and a Universitas 21 fellowship that supported my stay at McGill Law School during the revision period of the book.

Last but not least, I would like to thank my parents, Leung Yung Fuk and Ng Man Yin, for their love and trust through the years, and Joseph Yang for always challenging me to think deeper and harder.

SYNOPSIS

Given that one can find linguistic diversity in any society, why have some states, but not others, decided to give official recognition to multiple languages? How has official multilingualism mushroomed, both nationally and internationally? What legal meaning is attached to such terms as official language and national language, and what consequences follow from such designations? Is linguistic equality an unqualified social good? To answer these questions, the two parts of this book respectively dissect the sociopolitical and ideological forces that create official multilingualism, and evaluate how official multilingualism affects public institutions and legal processes. There are apparent strong tides against official multilingualism. Underlying the formation of modern states is the Romantic notion of nationalism, which calls for people who share the same cultural roots and speak the same language to come together and form a political unit. Linguistic nationalism idealizes linguistic homogeneity, which has been seen as vital to both democratic and economic development, for it is presumed to facilitate the creation of a shared public discourse and to enhance efficiency and productivity. Throughout most of modern history, minority communities have been expected to assimilate through learning and speaking the national language, which has a superior status over other languages. The rise of bilingual and multilingual polities raises the questions of whether this norm has been challenged, and whether there has been a shift in popular ideology in relation to language and sovereignty. Does the transition from linguistic supremacy toward linguistic equality mark the triumph of liberal multiculturalism and minority rights? Or is it better seen as the result of a political compromise necessitated by social realities, and strategic tolerance that is used to extract instrumental benefits? Part I of this book shows three things: first, the contemporary practice of official multilingualism distinguishes itself from historical approaches in linguistic management, including the monolingual model that emerged along with the modern nationstate. Second, the phenomenon is widespread and has penetrated polities at sub-state, state, and international levels. Its prevalence in post-colonial polities shows its perceived value as a conflict-avoidance strategy and as a means of mitigating colonial influence in nation-building. Adopting a national language policy for economic integration and trade, on the other hand, reflects increased acceptance of the commodification of national symbols under late capitalism. Third, official multilingualism is driven primarily by pragmatic concerns, rather than normative forces: the granting of official status to two or more languages

xi

can be used to achieve such goals as balancing rival powers, establishing political legitimacy, making a sovereignty claim, and pursuing economic interests. Such divergent functions may be performed because official language law works chiefly as a discursive resource, showcasing what I call a symbolic jurisprudence.

Part II of the book examines the practical impact of official multilingualism on public institutions and legal processes, and investigates how linguistic equality is applied on the ground. The study raises questions about the nature of official language rights and linguistic equality, the value of which is often taken for granted, thanks to, at least in part, the positive connotations that the terms rights and equality carry. The investigation shows that if linguistic equality – implicitly or explicitly provided by parallel multilingualism – is taken seriously, it 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 hardly ever disrupt the status quo. Moreover, formal adoption of multilingualism in sovereign states always falls short of full-fledged implementation and languages that receive equal official status are never really treated equally. Not only is there an issue of political goodwill and commitment, but linguistic equality habitually fails to compete with other priorities for resources, and in many practical domains it is not clear at all how linguistic equality is achievable without compromising other legal values and social good. But perhaps it is a good thing that linguistic equality has to compete with other social values and legal norms, because, as I argue, linguistic equality as claimed and practiced today is shallow in character, and shallow equality needs to be distinguished from popular conceptions of equality which form the foundation of liberal politics and have clear emancipatory potential. 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 is not necessarily morally superior to official monolingualism, it can be legitimately used to pursue collective goals, but with the underlying risks that formal equality may disguise socioeconomic inequalities, and that over-investment in a multilingual regime may displace efforts that can bring about more progressive social change.

Introduction

LANGUAGE AND LAW IN THE WHIRLPOOL OF POLITICS

The day after former Ukrainian president Viktor Yanukovych was ousted, the first act in power by the new interim government was to revoke a controversial law. The targeted legislation, called On the Principles of the State Language Policy, makes any minority language an additional official language of a region if 10% or more of its population speaks it as a first language. Ukraine only has one state language (Ukrainian) but this law—seemingly politically neutral because its application is based purely on linguistic demographics— has the practical effect of making Russian a second official language in 13 out of 27 regions of the country, and was widely seen as a move to strengthen Yanukovych’s Russian-speaking political base in the parliamentary election.1 It was adopted in 2012 amid fistfights in the parliament, sparking violent riots and drawing concerns that it would threaten the sovereignty of the country.2 The nationalist administration that took over power in 2014 vowed to restore Ukrainian to its position as the sole official language of the whole state. This would include the Autonomous Republic of Crimea, which had a majority Russian population and had a constitution3 that guaranteed the official use of Russian and Crimean Tatar4 along with Ukrainian. The move to repeal the

1 In 2011, 42.8% of the population spoke the Ukrainian language as their first language, and 38.7% spoke Russian.

2 Miriam Elder, “Ukrainians Protest against Russian Language Law,” The Guardian, July 4, 2012, sec. World news, https://www.theguardian.com/world/2012/jul/04/ukrainians-protest-russian-languagelaw; David Stern, “Ukrainians Polarised over Language Law,” BBC News, July 5, 2012, sec. Europe, http://www.bbc.com/news/world-europe-18725849.

3 The 1998 Constitution of the Autonomous Republic of Crimea, which was in effect until it was replaced by the Constitution of the Republic of Crimea on April 11, 2014.

4 A quarter of a million people identify themselves as Crimean Tatars. They are descended from a Turkic vassal state of the Ottoman Empire, known as the Crimean Khanate, between the 15th and 18th C.

Janny H. C. Leung. Shallow Equality and Symbolic Jurisprudence. © Oxford University Press, 2019. Published 2019 by Oxford University Press.

law5 catalyzed pro-Russian protests all around the country. It might have been the tipping point, as some analysts called it, that provided an opportunity for the Russian annexation of Crimea shortly thereafter.6

Crimea has a Russian-speaking majority (58.5%) but also a significant minority population who speak Ukrainian (24.4%) and Crimean Tatar (12.1%). These minorities are generally opposed to the Russian occupation. After the annexation, the Crimean-Tatar language has been promoted to a state language, alongside Ukrainian and Russian, on the peninsula. This formal elevation of legal status (from official to state) and assertion of linguistic equality, however, was accompanied by the Russian Supreme Court’s decision to declare the self-governing body of the Crimean Tatars (known as the Mejlis) an extremist organization and to ban all its activities,7 as well as United Nations reports of human rights abuses against pro-Ukrainian minorities, the tightening of political control (for example, seven popular Crimean Tatar media outlets were denied license to operate8), and dwindling minority linguistic rights9 in the region.

The language politics in Ukraine is particularly intriguing in view of the complexities of its language situation. Census data provide a grossly simplified picture.10 First, the boundary between Ukrainian and Russian is far from clearly drawn, both in terms of the languages and the ethnic identity of their speakers. The Ukrainian language is heavily Russified (in addition to having Polish influence), after five hundred years of foreign rule (especially under Russian decrees) in Ukraine. Bilingualism in Ukrainian and Russian is part of everyday life in major Ukrainian cities. A significant population of Ukrainians speak surzhyk, a sort of mixed language between Ukrainian and Russian.11 Furthermore, the language that people identify with may not be their main language of communication or their first language. Survey data show that Ukrainians who claim that Ukrainian is their native language may nevertheless prefer to use Russian

5 At the time of writing, a replacement bill—Draft Law on the State Language—is being tabled. In the meantime, other legislation has been passed to restrict the use of Russian in national television and education.

6 Robert Hunter Wade, “The Ukraine Crisis Is Not What It Seems,” Le Monde Diplomatique (English Edition), 2015, https://mondediplo.com/outsidein/the-ukraine-crisis-is-not-what-it-seems

7 In September 2016. Office of the United Nations High Commissioner for Human Rights, “Report on the Human Rights Situation in Ukraine 16 August to 15 November 2016,” n.d.

8 Office of the United Nations High Commissioner for Human Rights, “Report on the Human Rights Situation in Ukraine 16 February to 15 May 2015,” n.d.

9 Directorate-General for External Policies, Policy Department, “The Situation of National Minorities in Crimea Following Its Annexation by Russia” (European Parliament, 2016).

10 Census data rely on self-report and tend to be organized into mutually exclusive categories that bear little resemblance to reality.

11 See Laada Bilaniuk, “A Typology of Surzhyk: Mixed Ukrainian-Russian Language,” International Journal of Bilingualism 8, no. 4 (December 1, 2004): 409–25, https://doi.org/10.1177/ 13670069040080040101, for a typology of language use that the term has come to stand for.

in communication, that only just over half of Ukraine’s residents who claim Russian as their native language declare themselves as ethnically Russian, and that some respondents reported mixed ethnic identities.12 Finally, language ideologies about Ukrainian and Russian are multifaceted, due to the transition of what has been largely a class distinction (corresponding with education level and the urban vs. rural divide) into an ethnic one. Although the Russian language represented a dominating power in the Ukrainian history, the language is associated positively with prestige, modernity, and economic opportunities.13 On the other hand, Ukrainian is viewed more as a peasant language, but at the same time it also indexes an ethnocultural and national identity.

Ukraine provides a dramatic example of how deeply language cuts into identity politics, illustrating that the power of language rests not only in its function as a communication tool, but also in its capacity for indexing identity.14 Even where the change of an official language status does not impede communication in the public domain, the symbolic significance of such status alone can affirm some citizens’ sense of self and offend others. It is not a coincidence that the enactment or amendment of official language law invariably happens at critical political junctures, when a shift of power takes place or threatens to take place.

The case of Ukraine also raises questions about the meaning of official language law and the nature of linguistic equality implied or proclaimed in such law. Both the inclusion of Russian as a second official language and its threatened expulsion later on were seen as extremely provocative. Status recognition or non-recognition may express deep political meaning—but it may also be taken only as political theater. For example, status equality among Russian, Ukrainian, and Crimean-Tatar conferred in the Crimean constitution after the Russian annexation is seen as a political act done only for show, creating a rhetoric of equality that exists only on paper. The actual linguistic freedom enjoyed by the Crimean Tatars appears to be diminishing, disclosing a disjuncture between legal recognition of official language status and political reality. The astonishing semiotic flexibility of official language status makes one wonder what purposes official language law is meant to serve.

For all the blood and sweat that have been shed over it, official language status is surprisingly void of legal meaning. Although the status label may be

12 Volodymyr Kulyk, “Language Identity, Linguistic Diversity and Political Cleavages: Evidence from Ukraine,” Nations and Nationalism 17, no. 3 (2011): 627–48; Volodymyr Kulyk, “Language Policy in Ukraine: What People Want the State to Do,” East European Politics and Societies 27, no. 2 (May 1, 2013): 280–307, https://doi.org/10.1177/0888325412474684

13 Aneta Pavlenko, “Multilingualism in Post-Soviet Successor States,” Language and Linguistics Compass 7, no. 4 (April 1, 2013): 262–71, https://doi.org/10.1111/lnc3.12024

14 Michael Silverstein, “Language Structure and Linguistic Ideology,” in The Elements: A Parasession on Linguistic Units and Levels, ed. Paul R. Clyne, William F. Hanks, and Carol L. Hofbauer (Chicago: Chicago Linguistic Society, 1979), 193–247.

socially meaningful and may create all sorts of expectations, such as greater political rights, career advantage, respect, and access to public resources for speakers of an official language, its vagueness in legal meaning opens up possibilities for political use that is tangential to these expectations.

Making Sense of Multilingual Legal Orders

The Ukrainian case also exemplifies how societal multilingualism and law,15 the former an ubiquitous condition and the latter a default governing regime of modern societies,16 at times have a treacherous relationship. Such a relationship has not entirely escaped research attention, but systematic effort to study it has been circumscribed by disciplinary biases and boundaries. This book builds upon fragmented studies from various related disciplines (including but not limited to linguistics, law, sociology, anthropology, and political science) and tackles important questions that existing studies (see next section of this Introduction) have not confronted in depth.

Today more than 7,000 languages (according to ethnologue.com; estimates vary17) exist in fewer than 200 countries (193 of which are members of the United Nations since 2011). Societal multilingualism confronts almost every modern state—hardly any state governs a population that speaks only one language.18 How do states deal with the gap between the ideal of one nation, one language, and the reality of their multilingual population? Why do some states become officially multilingual but not others? How do international organizations cope with linguistic diversity among their member states? In fact, since societal multilingualism has perpetuated throughout human civilization, why has official multilingualism become more prevalent today than ever before? Not all language policies have to acquire legal force, and not all legal intervention of

15 Although the boundary of law has been increasingly challenged by legal anthropologists and sociolegal scholarship, for the purpose of this book I will restrict my discussion of legal multilingualism to official law (including state law, and codified practices in international organizations, regional unions, and international agreements), while acknowledging that official legal systems may be formalized to various degrees (consider, for example, customary law that may operate in parallel with a modernized legal system within the same polity). Sally Falk Moore, “Law and Anthropology,” Biennial Review of Anthropology 6 (1969): 252–300; Sally Engle Merry, “Legal Pluralism,” Law and Society Review 22, no. 5 (1988): 869–96.

16 Philip R. Wood, The Fall of the Priests and the Rise of the Lawyers (Oxford; Portland, OR: Hart, 2016).

17 No “accurate” estimate is possible, given the fuzzy boundary between languages. The delineation of languages in a dialectal spectrum is notoriously arbitrary.

18 Iceland, Korea, and Japan are often cited as rare examples of monolingual states, not taking into account immigrants and visitors. The issue is debatable. For example, in Japan, Ainu and arguably Okinawan are distinct languages from Japanese, and in Korea, the Jeju language is recognized as a distinct local language. Although there used to be Gaelic- and Danish-speaking minorities in Iceland, it may be the closest thing to a monolingual state today.

language has to be done through conferring official status, so why law, why official status, and why multiplicity of official status? What role does law play in managing societal multilingualism, and why is official status often recognized constitutionally, by the supreme law of the land? In practical terms, what changes does such high-level legal recognition have the potential to create in public institutions, including legislature and judiciary? More specifically, how often do language rights flow from official status? What does effort, or sometimes the lack of effort, in translating official status into legally enforceable legislation say about official language law? Do language rights necessarily have emancipatory power, and is linguistic equality necessarily socially valuable?

Part I of the book, consisting of three chapters, focuses on forces that create official multilingualism. The first chapter historicizes the phenomenon. It discusses the various solutions that polities have used in the past to deal with linguistic diversity, and what social and political climates prompt the adoption of these different solutions. I highlight why some earlier solutions are unattractive or impractical in many modern states, and outline the distinctiveness of official multilingualism in the contemporary world. In order to give a sense of scale, the second chapter surveys officially bilingual or multilingual jurisdictions in the world today. The data lend empirical support to the historical analysis of the preceding chapter, and reveal patterns and trends in the global adoption of official multilingualism. Analysis of the data suggests that official multilingualism has become a core element of many national narratives as told through their constitutions. Contributing to the political stability of transitional states, official multilingualism is also very much a post-colonial legacy. Building from observations made in the preceding chapters, Chapter 3 assesses why official status is granted to multiple languages in some jurisdictions but not others, and offers a theory of how official multilingual law works. In my account of symbolic jurisprudence, official language law is usually vaguely drafted and provides the rhetorical resource to satisfy the demands of multiple audiences. The symbolic capital it raises can then be turned into political and economic capital. In international organizations, for example, equal recognition of dominant languages is used to balance centers of political power. For sovereign states, official multilingualism has become a popular strategy to subdue potential threats to territorial integrity, make assertions about sovereignty, and legitimize a political regime. There is also a growing trend to use state language law as a commodity in transnational economics, exemplifying capitalist logic in what is traditionally a terrain used to mark national pride and identity. Adoption of a global language into domestic law is used to trade for access to regional or global markets.

Part II of the book, consisting of four chapters, focuses on forces that may be created by official multilingualism. Chapters 4 to 7 are devoted to the practical dimensions of official multilingualism, illustrating the kind and degree of accommodation that has been made to implement linguistic equality, and what

ripples and ruptures have been created in public institutions and legal processes. By focusing on different areas of legal implementation, these chapters offer a range of perspectives about why linguistic equality is a seemingly unachievable goal, and why official multilingualism does not tend to disrupt the status quo. These chapters are not meant to be encyclopedic, to detail the full range of impacts that official multilingualism may bring; nor do they investigate what impact is most typically observed among all bilingual and multilingual jurisdictions. If anything, the primary examples chosen are among jurisdictions that are most radically multilingual: either in terms of number of official languages, or in terms of their long history, elaborate institutional effort, and evident commitment to the cause. This approach allows us to gauge what the possible impacts of official multilingualism are, as it develops and matures. Chapter 4 compares efforts made by different jurisdictions in institutionalizing official multilingualism, such as turning constitutional aspirations into enforceable legislation and setting up administrative structures to ensure compliance. Significant legal weight is often conferred to official language law, but the strength of the law tends to dramatically weaken during implementation. This may have to do with the fact that although elaborate institutional structures have sometimes been developed, they are non-representational and bureaucratic in character. Chapter 5 deals with challenges in creating the texts of multilingual law, through translation, innovation in drafting practices, and linguistic and ideological engineering. Despite the formal equality offered to official languages in some jurisdictions, existent power hierarchies still seep through translation and drafting practices. Formal equality provided by the law cannot easily alter socially constructed ideologies about languages. Chapter 6 discusses inherent dilemmas in interpreting multilingual law. Since multilingual texts of the law are capable of having more than one literal meaning, multilingual jurisdictions that uphold the equal authenticity principle tend to move away from a textualist approach to legal interpretation. I argue that judicial discretion is widened in multilingual interpretation, and that emphasis on the equality of texts may paradoxically come into conflict with linguistic access to law. Given that official status creates the expectation of legal protection and rights, Chapter 7 investigates how language status may be translated into enforceable rights in legal proceedings. In states where official status serves a purely symbolic function, no language rights at all flow from it. Where language rights have been derived from official status, some of these rights, such as the right to a bilingual jury, threaten to challenge existing legal practices, raising questions about how linguistic equality should be valued against legal principles that come into conflict with it.

The final chapter, Chapter 8, takes stock of the insights developed in the preceding chapters and examines the nature of linguistic equality that is often proclaimed in multilingual jurisdictions. It critiques the shallow character of linguistic equality as posited and practiced in multilingual legal order today,

and cautions against excessive optimism about the emancipatory potential of official language rights. Both shallow equality and symbolic jurisprudence are components of strategic pluralism, which prioritizes the interests of the polity before those of language communities.

The scope of issues that this book deals with does not fit neatly into a single academic discipline. Such is the nature of real world problems. In order to form a holistic picture, I have drawn concepts and ideas from not only from law and linguistics (including its subfields such as language policy and language politics), but also from anthropology, sociology, political theory, and history, and have attempted to converge cross-disciplinary knowledge wherever possible. I can, of course, in no way claim expertise in all of these fields. As such, errors and omissions are unavoidable, and I must acknowledge the limitations of my reach. Moreover, the multidimensionality of the subject matter defies a singular research method. I have used the best available sources of data that I have access to, which include constitutional and legislative documents, governmental publications and records, official communications and brochures, legal cases, news reports, official websites, speeches, and academic work. Most of the book comprises data-driven comparative study, and both quantitative and qualitative analyses have been performed wherever appropriate. Although the book makes reference to some ethnographic work done by others and myself, one obvious shortcoming is that it does not offer extensive, original fieldwork done on the ground (e.g., interviews and site observations). This is inevitable given the macroscopic focus and global coverage of the project. My analysis of the consequences of official multilingualism is also limited to public institutions (where the most direct impact of official multilingualism is supposed to take place), and does not extend to how these forces affect people’s private lives, group identity, or inter-group relationships. Neither does it directly probe into people’s subjective experiences of the law. In terms of theoretical contribution, I have no desire to propose a grand theory of official multilingualism, but I am eager to connect the dots and have endeavored to do enough theorizing to make sense of the phenomena that I have observed and reported. I encourage interested readers to supplement, refine, or challenge the account made in this book based on their work in different geographical locations.

My hope, despite all the potential imperfections and inherent risks of the project, is that this book lays the groundwork for mapping and dissecting a global phenomenon that has been under-documented, under-analyzed and under-theorized. Some of the references, even if incomplete, can give the reader a pointer in his or her explorations.

A Search for Meaning at a Multidisciplinary Crossroads

Linguistic diversity is a human condition. It is a task for social scientists, especially linguists, to describe and analyze the dynamics of a multilingual world, both at an individual and societal level. Individual multilingualism19 refers to the acquisition by an individual of two or more languages, as a child or as an adult, concurrently or sequentially. Psycholinguists have looked into questions such as how these languages are represented in the brain, what factors affect their acquisition, and how proficiency may depend on task and situation of use. Educational sociolinguists have asked what encourages or discourages someone to learn a second language, and how interactions between teachers and students affect motivation. Societal multilingualism, on the other hand, describes societies where two or more languages are used. Societal multilingualism does not always go hand in hand with individual multilingualism. In fact, some linguistically diverse states offer multilingual services in order to serve its monolingual citizens. Discourse analysts have described how speakers switch among languages and have analyzed social forces that drive observable patterns of code-switching. Sociolinguists have studied how languages influence one another when they come into contact, how maintenance and shift of language is influenced by migration, social structure, and forces of assimilation, and how a language spreads.

There are linguists who resist the notion of multilingualism altogether, because this term assumes that “languages” can be counted, but in reality they have no clear boundaries. Some contemporary sociolinguists believe that given what we now know about linguistic variation and the situatedness of language use, common terms such as language, English, multilingualism, and speakers of language X are all derived from idealized notions of language and are thus fundamentally flawed.20 While their account of the complexities of language use informs my discussion, this book will not shy away from using these idealized terms, for they clearly remain socially and legally relevant. We cannot afford to ignore the social reality created by social constructs. In fact, just about any

19 A note on terminology: the terms multilingualism and plurilingualism are often used interchangeably, in everyday language and various academic disciplines. Council of Europe differentiates the terms by using multilingualism to refer to the presence of more than one language in a society, and plurilingualism to refer to the speaking of more than one language by an individual. Thus monolingual and plurilingual individuals may live in multilingual societies, and several monolingual groups may also form a multilingual society. This distinction will not be followed in this book. Due to the limited currency of the term plurilingualism (one indication being that it is flagged by my word processor as a non-word), I will stick to the terms bilingualism and multilingualism to describe both individuals and societies. In the interest of space, when I describe individuals and societies with two or more languages in this book, the term multilingualism will be used as a cover term for both bilingualism and multilingualism.

20 Jan Blommaert, “Situating Language Rights: English and Swahili in Tanzania Revisited,” Journal of Sociolinguistics 9, no. 3 (2005): 390–417.

social construct (with race and gender being prime examples) that is a source of identity politics and social division requires strategic essentialism.21 For as long as these constructs remain pertinent, social progress cannot be made without public discussion about them.

Formal linguistics continues to treat its object of inquiry as an apolitical subject. Even in applied linguistics, few linguists see their research interest as having much to do with the law. However, not only is law a linguistic enterprise, it also both affects and responds to language phenomena that linguists are interested in. The intellectual neglect has been corrected to some extent by the emergent interdisciplinary field of language and law,22 where researchers have attended to questions such as how linguistic evidence may be analyzed in criminal investigations,23 what sources of miscommunication may become a barrier to justice,24 and how language contributes to indeterminacy in legal texts.25 Some of these interdisciplinary scholars tackle the way law handles individual and societal multilingualism, by for example pointing out the invisible power that court interpreters wield in influencing the outcome of a trial26, or unveiling how failure to recognize cross-cultural differences in communication leads to miscarriage of justice.27 Although incredibly informative and valuable work has

21 Referring to the provisional acceptance of essentialist foundations for identity categories as a strategy for collective representation in order to pursue chosen political ends. Gayatri Chakravorty Spivak, The Post-Colonial Critic: Interviews, Strategies, Dialogues (London; New York: Routledge, 1990); Gayatri Chakravorty Spivak, “Subaltern Studies: Deconstructing Historiography,” in The Spivak Reader: Selected Works of Gayatri Chakravorty Spivak, ed. D. Landry and G. MacLean (London and New York: Routledge, 1996), 203–36.

22 Sometimes this field is identified as “forensic linguistics.” I resist this term because I find the term forensic too narrow to capture the scope of work that is covered in the field. See Alan Durant and Janny H. C. Leung, Language and Law: A Resource Book for Students (Milton Park, Abingdon, Oxon; New York: Routledge, 2016).

23 Malcolm Coulthard and Alison Johnson, eds., The Routledge Handbook of Forensic Linguistics, reprint ed. (London; New York: Routledge, 2013); Malcolm Coulthard, Alison Johnson, and David Wright, An Introduction to Forensic Linguistics: Language in Evidence, 2nd ed. (Abingdon, Oxon; New York: Routledge, 2016); John Gibbons, Forensic Linguistics: An Introduction to Language in the Justice System (Malden, MA: Wiley-Blackwell, 2008).

24 Chris Heffer, Frances Rock, and John Conley, Legal-Lay Communication: Textual Travels in the Law (New York: Oxford University Press, 2013).

25 Christopher Hutton, Language, Meaning and the Law, 1st ed. (Edinburgh: Edinburgh University Press, 2009); Christopher Hutton, Word Meaning and Legal Interpretation: An Introductory Guide (Houndmills, Basingstoke, UK; New York,: Palgrave, 2014); Lawrence M. Solan, “The Interpretation of Multilingual Statutes by the European Court of Justice,” Brooklyn Journal of International Law 34 (2009): 277; Lawrence M. Solan, “Multilingualism and Morality in Statutory Interpretation,” Language and Law / Linguagem e Direito 1, no. 1 (2014): 5–21. See also Timothy A. O. Endicott, “Linguistic Indeterminacy,” Oxford Journal of Legal Studies 16, no. 4 (1996): 667–97.

26 Susan Berk-Seligson, The Bilingual Courtroom: Court Interpreters in the Judicial Process, 1st ed. (Chicago: University of Chicago Press, 2002).

27 One notable series of research into this question has been conducted by Australian sociolinguist Diana Eades, whose work details how Aboriginal English speakers are often misunderstood when they communicated with law enforcers. Australian aboriginals are 15 times more likely to be incarcerated than non-aboriginal people. Diana Eades, “Legal Recognition of Cultural Differences

been done, two tendencies in the field limit its potential impact. First, just like most modern linguistic studies, the main bulk of work done has a microscopic focus, with minimal recognizable effort to connect findings in a specific legal case or legal site to wider legal development or social processes. Second, such work is largely linguistics applied in a legal context rather than truly interdisciplinary, often positioning the linguist as a warrior of justice while ignoring constraints and concerns of law, as well as the political structures that law is situated in.

One specific intersection between multilingualism and law concerns assertions of language-related rights as a universal human right. Various international instruments, although without binding force, have recognized the right to “mother-tongue” education.28 Native peoples who have been subjugated and marginalized may see preserving their language as a major battle of resistance and key to their cultural survival.29 The potential of law to intervene in language use has captured the attention of researchers (sometimes known as ecolinguists or linguistic ecologists) who have become deeply alarmed by the unprecedented rate at which linguistic diversity is diminishing in recent decades. They describe the decrease in linguistic diversity with terms such as linguicide, linguistic genocide, and language death.30. They advocate for a kind of linguistic human rights, 31 and urge states to take positive actions to prevent or slow down language loss by subsidizing education in minority languages and conferring official status to minority languages. Their activism is sometimes dismissed as linguistic sentimentalism32 and a revival of linguistic prescriptivism. What such kind of activism fails to acknowledge is that not all causes of language loss are morally suspect. It is one thing to condemn forced assimilation, it is

in Communication: The Case of Robyn Kina,” Language & Communication: Language, Society and the Law, 16, no. 3 (July 1, 1996): 215–27, https://doi.org/10.1016/0271-5309(96)00011-0. See also Janet Ainsworth, “Law and the Grammar of Judgment,” in Meaning and Power in the Language of Law, ed. Janny H. C. Leung and Alan Durant (Cambridge: Cambridge University Press, 2018).

28 Such as Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992) and United Nations Declaration on the Rights of Indigenous Peoples (2007).

29 Reinstantiation of suppressed minority languages in public domains may be considered a correction of historical injustice. Stephen May, “Contesting Hegemonic and Monolithic Constructions of Language Rights ‘Discourse,’” Journal of Multicultural Discourses 7, no. 1 (March 1, 2012): 21–27, https://doi.org/10.1080/17447143.2012.660944

30 See Douglas A. Kibbee, “Language Policy and Linguistic Theory,” in Languages in a Globalising World, ed. Jacques Maurais and Michael A. Morris (Cambridge, UK: Cambridge University Press, 2003), 47–57, for a critique of the ecolinguistic perspective.

31 Language rights advocates see states as the greatest threat to language survival, and so by positing a kind of linguistic human rights, they aspire to use international human rights regimes to impose obligations on states to protect languages. See review in Janny H. C. Leung, “Language Rights,” in Handbook of Communication in the Legal Sphere, ed. Jacqueline Visconti (Boston; Berlin: DeGruyter, 2018), 54–82.

32 Abram De Swaan, “Endangered Languages, Sociolinguistics, and Linguistic Sentimentalism,” European Review 12, no. 4 (October 2004): 567–80, https://doi.org/10.1017/S1062798704000481

another to intervene when speakers choose to abandon a language, or when a language disappears after all its speakers pass away. Where the state does try suppress the use of certain languages, in the modern world this is frequently done through soft power, and it is doubtful whether legal protection can mitigate it. Moreover, some contributors to the loss of linguistic diversity, such as the development of written language, spread of literacy, and urbanization, arguably have social value.33 Some advocates seem to care more about the survival of “endangered” languages as a human heritage and cultural artifact than the livelihood or agency of the people who speak those languages. Underlying the language rights paradigm is the ideology of law as a protector of language, which sometimes entails an overestimation of state power in contemporary global politics and a somewhat naïve understanding of legal realities at both domestic and international levels. As Critical Legal scholars34 have argued, the value of rights cannot be taken for granted; in fact, rights discourse may even impede progressive social movements. This is a discussion we will return to later in the book.

Another cluster of researchers who are interested in the relationship between law and multilingualism work in the field of language policy and planning (LPP), which generally refers to targeted efforts to change the learning, distribution, and use of a language in society. The field started in the age of nationalism with the orientation of using LPP to contribute to nation-building.35 In LPP studies, the conferral of official status to a language is known as status planning. This term is not adopted in what follows because it connotes design effort and active management, and presumes that officialization is a stage of a larger process in language planning (consisting of not only status, but also corpus and acquisition planning), none of which I believe can be accepted without question. LPP studies also tend to assume that the goal of language planning is to influence language or language behavior,36 an assumption I will diverge from in my study of official multilingualism.

In legal scholarship concerned with language rights and linguistic equality, the language issue is usually subsumed in the discourse of minority rights (especially in international law), which has received considerable attention after the world wars. Although linguistic inequalities may be treated as a proxy to

33 Alan Patten and Will Kymlicka, “Introduction: Language Rights and Political Theory: Context, Issues, and Approaches,” in Language Rights and Political Theory, ed. Will Kymlicka and Alan Patten (repr., Oxford: Oxford University Press, 2007).

34 Mark Tushnet, “An Essay on Rights,” Texas Law Review 62, no. 8 (1984): 1363–1403; Duncan Kennedy, “The Critique of Rights in Critical Legal Studies,” in Left Legalism/Left Critique, ed. Janet Halley and Wendy Brown (Durham, NC: Duke University Press, 2002), 178–228.

35 Sue Wright, Language Policy and Language Planning: From Nationalism to Globalisation (New York: Springer, 2016).

36 Moshe Nahir, “Language Planning Goals: A Classification,” Language Problems and Language Planning 8, no. 3 (January 1, 1984): 294–327, https://doi.org/10.1075/lplp.8.3.03nah

social inequalities arising from race, class, and gender, the fact that law on language often receives the highest level of legal protection in many national constitutions suggests that there is something special about language that begs for analysis.

Political scientists have debated the philosophical justifications for minority languages rights, and the normative question of what makes a just language policy when it is practically impossible for states to be completely neutral in their choice of medium of communication.37 They are concerned more with what should happen in an ideal world, or what stance liberal political theory should take on the issue of minority language rights and the global dominance of English, than with the descriptive and analytical question of what is going on right now and how to make sense of it. I will address the normative question in the last chapter of this book.

Some attempts have been made to study multilingual practices in international and supranational law. The most thorough historical overview of language use in international relations and international law is offered in an ambitious 963-page two-volume set of books entitled Language, Law, and Diplomacy by Alexander Ostrower.38 Published in a similar period of time was an essay by Hardy on the interpretation of multilingual treaties, covering cases where authentic39 versions of a treaty are found to be divergent in meaning.40 A slightly more updated account that focused on how multilingual law is drafted and interpreted in modern international law may be found in Tabory.41 In her seminal book, Tabory reviews the highly controversial codification process of legal provisions governing multilingual treaties (resulting in the 1969 Vienna Convention on the Law of Treaties, or VCLT) and offers one of the first comprehensive analyses on challenges in interpreting multilingual law. Since the VCLT articles on multilingual interpretation were drafted conservatively and included only less disputed broad principles, her account reminds us of the ample interpretive space that VCLT leaves open in the interpretation of multilingual treaties. As I have explained in an earlier essay, principles in the interpretation of multilingual treaties have become an influential model for the interpretation of other multilingual legal texts, including multilingual state

37 For example, see a collection of essays in Will Kymlicka and Alan Patten, eds., Language Rights and Political Theory (repr., Oxford: Oxford University Press, 2007).

38 Alexander Ostrower, Language, Law, and Diplomacy: A Study of Linguistic Diversity in Official International Relations and International Law (Philadelphia: University of Pennsylvania Press, 1965).

39 “Authenticity” here refers to a legal status, describing a text as carrying the authority of an original. A translation may be authenticated such that it is legally treated as reliable and authoritative as the original.

40 Jean Hardy, “The Interpretation of Plurilingual Treaties by International Courts and Tribunals,” British Year Book of International Law 37 (1961): 72–155.

41 Mala Tabory, Multilingualism in International Law and Institutions (Alphen aan den Rijn, the Netherlands; Rockville, MD: Sijthoff & Noordhoff, 1980).

law.42 Although multilingual practices have been developed in the drafting and interpretation of international agreements, it is in international and regional intergovernmental organizations (IGOs) that they become institutionalized. Both Ostrower and Tabory discussed in length the multilingual regime in the United Nations and some other IGOs. The regional IGO that has generated the most attention is the European Union, which is also a supranational polity. Its elaborate multilingual regime has drawn much research interest. Existing works have explored issues in legal drafting, legal translation, the sustainability of its linguistic regime,43 the harmonization and interpretation of multilingual law,44 and relationships between linguistic diversity and European democracy.45

At the national level, the largest body of research has focused on the bilingual and bijural legal system of Canada, including notable works by Rémi Michael Beaupré46 and former Justice of the Supreme Court of Canada Michel Bastarache47 on statutory interpretation. Beaupré’s Interpreting Bilingual Legislation (1986) was the first monograph to deal systematically

42 Janny H. C. Leung, “Cross-Jurisdiction Appropriation of the Equal Authenticity Principle,” The Journal of Legal Pluralism and Unofficial Law 45, no. 2 (July 2013): 209–26, https://doi.org/10.1080/ 07329113.2013.772463.

43 Lucja Biel, “Translation of Multilingual EU Legislation as a Sub-Genre of Legal Translation,” in Court Interpreting and Legal Translation in Enlarged Europe 2006, ed. D. Kierzkowska (Warszawa: Translegis, 2007), 144–63; Lucja Biel, Lost in the Eurofog: The Textual Fit of Translated Law (Bern: Peter Lang, 2014); Karen McAuliffe, “Enlargement at the European Court of Justice: Law, Language and Translation,” European Law Journal 14, no. 6 (November 1, 2008): 806–18, https:// doi.org/10.1111/j.1468-0386.2008.00442.x; Karen McAuliffe, “Language and Law in the European Union: The Multilingual Jurisprudence of the ECJ,” in The Oxford Handbook of Language and Law, ed. Peter M. Tiersma and Lawrence M. Solan (Oxford: Oxford University Press, 2012), 200–216; Susan Šarčević, New Approach to Legal Translation (Dordrecht: Kluwer Law International, 1997); Susan Šarčević, Language and Culture in EU Law: Multidisciplinary Perspectives (London: Routledge, 2015); Arturo Tosi, ed., Crossing Barriers and Bridging Cultures: The Challenges of Multilingual Translation for the European Union (Buffalo, NY: Multilingual Matters, 2003).

44 Cornelis J. W. Baaij, “Fifty Years of Multilingual Interpretation in the European Union,” in The Oxford Handbook of Language and Law, ed. Peter M. Tiersma and Lawrence M. Solan (New York: Oxford University Press, 2012), 217–31; Mattias Derlén, Multilingual Interpretation of European Union Law (Dordrecht: Kluwer Law International, 2009); Antonio Gambaro, “Interpretation of Multilingual Legislative Texts,” Electronic Journal of Comparative Law 11, no. 3 (2007): 1–20; Tadas Klimas and Jurate Vaiciukaite, “Interpretation of European Union Multilingual Law,” International Journal of Baltic Law 3 (June 1, 2005): 1–13; Elina Paunio, Legal Certainty in Multilingual EU Law: Language, Discourse and Reasoning at the European Court of Justice (Burlington, VT: Ashgate Publishing, 2013); Barbara Pozzo and Valentina Jacometti, eds., Multilingualism and the Harmonisation of European Law (Dordrecht: Kluwer Law International, 2006); Dinah Shelton, “Reconcilable Differences: The Interpretation of Multilingual Treaties,” Hastings International and Comparative Law Review 20 (1997): 611–38; Solan, “The Interpretation of Multilingual Statutes by the European Court of Justice.”

45 Anne Lise Kjær and Silvia Adamo, eds., Linguistic Diversity and European Democracy (Surrey, England; Burlington, VT: Ashgate, 2011).

46 Rémi Michael Beaupré, Construing Bilingual Legislation in Canada (Toronto: Butterworths, 1981); Rémi Michael Beaupré, Interpreting Bilingual Legislation (Toronto: Carswell, 1986).

47 Michel Bastarache et al., The Law of Bilingual Interpretation (Markham, ON: LexisNexis Canada, 2008); Michel Bastarache, “Bilingual Interpretation Rules as a Component of Language

Turn static files into dynamic content formats.

Create a flipbook