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Advanced Introduction to Law and Globalisation

Jaakko Husa

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.
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Language of law and legal globalisation

Jaakko Husa

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One consequence of globalization on the law has been a growing need to translate from one legal language into another.1Peter Tiersma

As we have seen above, legal globalisation is not only about law in a substantive sense but it contains many other law-related dimensions too, exceeding narrowly understood boundaries of law. We have used a broader concept of legalities (in plural) in this book. This book has discussed historical, comparative, theoretical, methodological, and educational dimensions in the previous chapters. What could be missing? Probably rather many auxiliary views could be taken into account but, nonetheless, one rather obvious and far-reaching dimension concerns language of law. This is an unavoidable question because even if there were a global body of law, the question of legal language would need to be solved and that may be trickier than first appears. This chapter reflects on law and language-related issues in the context of legal globalisation. Going beyond the narrowly understood language of law, also the possibility for global legal language will be reviewed in what follows.

What should we think of linguistic concerns in the context of legal globalisation? There may be simplistic views that consider the question of legal language less than relevant when it comes to legal globalisation. These views are mistaken. If we have interconnected globalised or transnationalised legal orders overlapping each other, then the question of legal language cannot be avoided. Law in its written and oral manifestations is always deeply related to language. Law...

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