The Rule of Law, Translation and Justice: How Language and Translation Affect a Philippine Court's Criminal Justice
Added on November 27, 2015
Author Dr. Vivencio Ballano
Edition First Edition
Published April 19, 2015
File Size 2.05 MB
The Rule of Law, Translation and Justice: How Language and Translation Affect a Philippine Court's Criminal Justice 2.05 MB - This ethnographic study analyzed how language and English translation affect the attainment of criminal justice in a Philippine court.Overall, it argued that Jurisprudences notion of the “rule of law” with its norms of objectivity, neutrality and impartiality is actually subject to local contingencies and subjectivism as illustrated in the use of the English language and the low quality of English translation by court personnel during trials. Moreover, it argued that the production of justice and oral textuality of law in court trials are precarious, subject to negotiation, and shaped by the dynamics of language and primacy of the judge inside the court. This study also showed the inadequacy of the Philippine judicial system in addressing the problems of subjectivism and partiality in deciding criminal cases. The overall results implied that the Law is not what its substantive content says “it is”, but what the people behind it and the local conditions... say “it is” in actual practice. Do you want to download or read a ebook? It is available in PDF or epub format in the source
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