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Journal articles on the topic 'Language and languages – Law and legislation'
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1
Hontar, Maryna. "The language policy of Ukraine in the retail and services sphere." Ukrainska mova, no. 1 (2021): 20–35. http://dx.doi.org/10.15407/ukrmova2021.01.020.
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This paper explores how the language policy of Ukraine is established in the retail and services sphere. The analysis focuses on the Ukrainian legislation which regulates the use of the official language and other languages in advertising, product information, and services. In the period of the Ukrainian state independence, the language use in the retail and servi-ces sphere is determined by Article 10 of the Constitution of Ukraine which lays down the basic principles for the operation of languages in Ukraine and the legislative documents which regu-late customer-provider relationships and contain requirements for goods and consumer services.The article states that information should be provided to the consumer in accordance with the lan-guage legislation requirements. The Law “On Languages in Ukrainian Soviet Socialist Republic” (1989) and especially the so-called “Kivalov – Kolesnichenko language law” did not guarantee Ukrainian citizens the right to receive information and to be served in the official language, i.e., in Ukrainian. The 2019 language law, Article 30, however, obliges all service providers to serve consumers and provide information about goods and services in Ukrainian. Keywords: sociolinguistics, language policy, retail and services sphere, Ukrainian language.
2
KOBELIANSKA, Oksana I., Tamara K. KOMARNYTSKA, Yuliia S. KUZMENKO, Svitlana M. MAZUR, and Viktoriia O. FILONOVA. "Language Situation and Language Legislation of Ukraine in the Context of Experience of the Countries with Similar Historical Background." Journal of Advanced Research in Law and Economics 9, no. 8 (December 2, 2019): 2643. http://dx.doi.org/10.14505//jarle.v9.8(38).14.
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The paper highlights the peculiarities of language legislation in Ukraine as compared to the corresponding laws of some other countries that have experienced similar language problems concerning the abuse of the national language and forcing the language of the invader. Special attention has been paid to the description of the language laws of Latvia, Lithuania and Republic of Korea as compared to the newly adopted language law of Ukraine. The text of the laws on the languages of Latvia, Lithuania, Republic of Korea and Ukraine were the material of the study. As a supporting material, the texts of the constitutions of Latvia, Ukraine, Moldova, as well as Basic Law: Israel – The Nation-State of the Jewish People, the language law of France, the European Charter for Regional Languages, were used. Many common features have been observed in language legislation of the above-mentioned countries. However, Ukraine seems to have a number of problems concerning implementation of the legislative decisions related to financial issues as well as sporadic character of legal procedures which leads to lack of real legislative mechanisms of language conflict regulation and state control of language legislation implementation.
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Shchukina, Tatiana. "Bilingualism in Canada: the legislation's reform." Russia and America in the 21st Century, no. 4 (2021): 0. http://dx.doi.org/10.18254/s207054760017961-4.
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The Official Language Act plays a key role in the lives of Canadians. Its purpose is to ensure respect for English and French as the official languages of Canada in governmental and parliamentary institutions, support the development and vitality of official language minority communities, set out powers, duties and functions of federal institutions with respect to the official languages of Canada. The Government of Canada has decided to modernize the Act to ensure that it continues to serve Canadians in a changing environment. That is why the Government of Canada showed its commitment to promote, protect and update a law by sharing its vision for official languages reform in February, titled French and English: Towards a substantive equality of official languages in Canada. After 30 years since the last major update, a modernization of the Official Languages Act is necessary to allow the law to keep pace with the social, demographic and technological realities in today’s society, which did not exist during the last revision in 1988. The bill recognizes the diversity of provincial and territorial language regimes and focuses on learning opportunities of the first language in minority settings and on learning opportunities of a second official language in a majority situation to improve the rate of bilingualism among Canadians. The bill also seeks to protect institutions of official language minority communities both for the English-speaking minority in Quebec and for the French-speaking minority in the rest of the country, and proposes new ways to better protect French in Canada, including in Québec.
4
Makarets, Iuliya. "Legislative regulation of linguistic relationships in Ukraine." Actual issues of Ukrainian linguistics: theory and practice, no. 38 (2019): 127–44. http://dx.doi.org/10.17721/apultp.2019.38.127-144.
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The article focuses on the issue of legislative regulation of linguistic relationships in Ukraine. The ability of a national language to function as a means of consolidation and national identification depends to a large extent on state linguistic policy, political support that the language receives. The state legislation on language is indicative in this regard while it establishes the status of languages, the linguistic model and the linguistic regime. In accordance with the Constitution of Ukraine, the Ukrainian language is a state language in Ukraine. The dynamics of the Ukrainian legislation on languages illustrates the inconsistency of the implementation of this constitutional norm. The article analyzes the milestones of its formation. The content of the basic laws in the sphere of linguistic relationships (Law of the USSR ‘On Languages in the Ukrainian SSR’ (1989), the Law of Ukraine ‘On the Principles of the State Language Policy’ (2012), which is invalid now, and the new Law of Ukraine ‘On the Functioning of the Ukrainian Language as a State Language’ (2019)), the socio-political tendencies, that preceded their adoption, their evaluation by tpublic and world community as well as their consequences for linguistic situation in Ukraine are described. The possibility of official bilingualism approving is studied. The article analyzes historical, cultural and political preconditions for the adoption of official bi- or multilingualism by other states, acceptability of this linguistic model for Ukraine and possibility to overcome existing linguistic contradictions.
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Gerencsér, Balázs Szabolcs. "The Law of Coexisting Languages Examining the Quartet of Language Policy Fields." Foreign Policy Review 14, no. 2 (2021): 88–102. http://dx.doi.org/10.47706/kkifpr.2021.2.88-105.
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This study examines the citizen-to-citizen and citizen-tostate relationship focusing on the use of different languages in society. According to the basic assumption, there is necessarily a kind of competition between the different languages spoken in one state, which determines the relations between the languages. The development and maintenance of peaceful coexistence between languages (thus social groups of different languages) is part of the protection function of the state. This study examines the four key points of intervention needed to develop appropriate language policy and legislation, which it summarizes as the “law of coexisting languages”.
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Cuong, Le Khac. "Languages law in view of teaching Vietnamese as a foreign language." Science & Technology Development Journal - Social Sciences & Humanities 1, no. 4 (December 27, 2018): 36–42. http://dx.doi.org/10.32508/stdjssh.v1i4.461.
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While teaching Vietnamese as a foreign language, teachers often face many questions of foreign students about Vietnamese. In addition, these questions are not easy to answer because of the complexity in terms of science. Many other questions are difficult to answer because of the absence of regulations in terms of Language Law in Vietnam. A few years ago, the issue of language law and language legislation has been raised. This paper mentioned only the difficulties in teaching Vietnamese to foreigners due to lack of strict regulations.
7
Robertson, Colin. "Multilingual Legislation in the European Union. EU and National Legislative-Language Styles and Terminology." Research in Language 9, no. 1 (June 30, 2011): 51–67. http://dx.doi.org/10.2478/v10015-011-0011-3.
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EU law is multilingual and multi-cultural. It is initially drafted in one language, now frequently English, often by non-native speakers and then translated into the other EU languages. Amendments may be proposed that are drafted in a different language. The result is a single multilingual text created in 23 language versions that are authentic within the context of the EU legal order. These circumstances have led EU legal language to develop its own terminology and legislative style as a separate genre.
One question is to identify different national cultural drafting styles and traditions that lie behind the creation of EU legislative texts and terminology. The Member State traditions vary, yet they merge in the EU legislative texts. In order to assist in the understanding of EU legislative texts, it is useful to reflect on how they are constructed and the features and requirements lying behind their creation, interpretation and transposition.
One approach is to consider a specific piece of EU text in a range of languages and consider how the text is reproduced in each language in terms of structure and terminology. Since the original draft is frequently made by non-native speakers and then translated into the other EU languages, which are bound by the structure of the base version, we obtain little information from it about divergent national linguistic and legislative methods. However, if the EU text is a directive which is transposed into national law, we should be able also to look at the national implementing legislation intended to implement the directive. The implementing texts are produced within the national legal context and, one assumes, aim at similar results, as laid down by the directive. Thus it could be expected that they should provide vehicles for study between the national systems and between each national system and the EU legal order. The paper explores these ideas to see where they lead.
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Katunin, D. A. "Language in Bulgarian Legislation." Rusin, no. 62 (2020): 194–211. http://dx.doi.org/10.17223/18572685/62/11.
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The article aims to analyse Bulgaria’s provisions of the laws and international treaties that regulate the use and functioning of languages in the country since the restoration of the Bulgarian statehood at the end of the 19th century to the present day (that is, monarchical, socialist and modern periods). The evolution of this aspect of the Bulgarian national law is analysed depending on the form of government in the particular era of the state’s existence. The article examines Bulgaria’s relations with neighboring Balkan countries throughout their development, including numerous wars, which were primarily based on attempts to solve ethnic problems. Based on the results of the censuses of the population of Bulgaria and Eastern Rumelia, data are provided on the dynamics of the absolute and relative number of Bulgarians and major national minorities and on the number of those who indicated their native languages. The significance of the study is due to the fact that the Balkan Peninsula, although being on the periphery of current processes in the modern geopolitical paradigm, not being their actor and being divided into a dozen states, still played and is playing one of the leading roles in the European and world histories. The study of language legislation, as one of the key elements of language policy, makes it possible to identify a variety of aspects of interethnic relations both in the historical, retrospective and long-term perspective. In addition, the study of this issue may be in demand when considering interethnic conflict situations in other problem areas. The article concludes that the language legislation of Bulgaria is characterized by significant minimalism in comparison with similar aspects of law in many European countries, and the linguistic rights of national minorities in Bulgaria are minimally reflected in the considered laws of the state.
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Korhecz, Tamás. "Official Language and Rule of Law: Official Language Legislation and Policy in Vojvodina Province, Serbia." International Journal on Minority and Group Rights 15, no. 4 (2008): 457–88. http://dx.doi.org/10.1163/157181108x374761.
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AbstractLanguage is much more than a simple tool of communication; it is an essential element of group identity. Nations, ethnic groups, cultures are hardly imaginable without a common language. In a multiethnic country by choosing one “official language” the state in many respects favours the users of that language and discriminates those citizens whose mother tongue is different from the official language. The real and demanding issue is how to obey the principles of the rule of law in the case of the official language in a multiethnic state. Serbia, and its uniquely multiethnic Vojvodina province, has a rich and developed legislation concerning official language use, including the official language use of minorities. Although, the Constitution and actual legislation render the Serb language as the primary official language of the country, minority languages could be officially used as well in areas inhabited by minority populations. Notwithstanding the existing shortcomings of the relevant legislation, the principle of the rule of law is violated much more by the actual practice and poor implementation of relevant legal provisions. Fact and figures prove that many language rights are not implemented because of a lack of human resources, executive activities and financial and organisational measures for implementation. In order to make substantial progress in the field of implementation of minority language rights it is necessary both to modify and harmonise the relevant legislation and also to put into effect organisational, executive and financial measures which can make the rules a living practice. It is also important to differentiate between various minority languages and various individual situations and to take into account the actual needs of minorities, the possibilities of the administration and so-called acquired language rights.
10
Dubrovskaya, T. V., and E. I. Kozhevnikova. "State Language, Language Situation and Language Policy in Legislation: Representations in the Russian Federal Law “On the State Language of the Russian Federation." Nauchnyi dialog 1, no. 10 (October 31, 2020): 37–48. http://dx.doi.org/10.24224/2227-1295-2020-10-37-48.
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The article addresses the issue of language situation and language policy through the analysis of legislation. Taking a social constructionist approach to law, the authors claim that a legal text can be explored for the purpose of discovering typical representations and linguistic resources that conceptualise languages, language situation and language policy. The paper offers a concise overview of domestic and foreign scholarship in the field as well as offering definitions for the basic categories used in the research. The analysis of the Russian Federal Law “On the State Language of the Russian Federation” shows that the Russian language is constructed as a state language, which has a few aspects. It is represented as an instrument of national unity, an instrument of maintaining culture, and an instrument of international impact. In terms of semantic roles, the Russian language is represented not only as an agent and instrument, but also as a patient, the object of negative and positive impact. The contexts mentioning the Russian language and other languages and idioms construct the relations between the languages as mutually reinforcing (thus, constructing the semantics of unity) or mutually excluding (thus, constructing the semantics of opposition).
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Vass, Ágnes. "If Yes, Why Not? Minority Language Use and Accommodation of Minority Language Rights in Slovakia." Acta Universitatis Sapientiae, European and Regional Studies 8, no. 1 (December 1, 2015): 43–56. http://dx.doi.org/10.1515/auseur-2015-0012.
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Abstract This article gives an overview of the actual situation of language rights in Slovakia, focusing mainly on the minority language usage. The status of minority languages in Slovakia is still a politicized question and a series of conflicts arose especially between Slovak political elites and the representatives of ethnic Hungarians because of the controversial legislation of minority language rights. Slovakia was subjected in the field of minority protection and heavily criticized during the adoption of the State Language Law. Strict regulations on the use of state language have negative effects on the use of minority languages as well. In spite of the fact that in 1999 the Law on Use of Minority Languages was adopted and Slovakia ratified all of the international agreements in this field, the problem of minority language usage was not solved. This legal vacuum motivated the Hungarian civil sphere to take alternative actions in order to ensure bilingualism and promote the use of minority languages in official communication. Summarizing the legal accommodation of minority language rights, this paper is devoted to examine a recently less-observed civil activism supporting the use of regional languages in Slovakia.
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Coluzzi, Paolo. "Language planning for Italian regional languages (“dialects”)." Language Problems and Language Planning 32, no. 3 (December 12, 2008): 215–36. http://dx.doi.org/10.1075/lplp.32.3.02col.
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In addition to twelve recognized minority languages (Law no. 482/1999), Italy features a number of non-recognized so-called “dialects” that is difficult to state, but which renowned linguists like Tullio De Mauro and Giulio Lepschy calculate as ranging between 12 and 15. These languages are still spoken (and sometimes written) by slightly less than half of the Italian population and are the first languages of a significant part of it. Some of them even have a history of (semi)official usage and feature large and interesting literary traditions. An introduction on the linguistic situation in Italy, the classification of its “dialects” and their state of endangerment, is followed by discussion of the present (scant) legislation and action being taken to protect the seven language varieties chosen as case studies: Piedmontese, Western Lombard/Milanese, Venetan, Ligurian/Genoese, Roman, Neapolitan and Sicilian. These language planning strategies are discussed particularly in terms of graphization (corpus planning), status and acquisition planning, even when, as in most cases, this “planning” may be uncoordinated and even unconscious. The article closes with a few general considerations and with some suggestions on how these initiatives could be improved.
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Kużelewska, Elżbieta. "Language Policy in Switzerland." Studies in Logic, Grammar and Rhetoric 45, no. 1 (June 1, 2016): 125–40. http://dx.doi.org/10.1515/slgr-2016-0020.
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Abstract Switzerland is often referred to as a success story for handling its linguistic and cultural diversity. Traditionally four languages have been spoken in relatively homogeneous territories: German, French, Italian and Rhaeto- Romanic (Romansh). The first three have been national languages since the foundation of the Confederation in 1848; the fourth became a national language in 1938. In effect, The Law on Languages, in effect since 2010, has regulated the use and promotion of languages and enhanced the status of Romansh as one of the official languages since 2010. While Swiss language policy is determined at the federal level, it is in the actual practice a matter for cantonal implementation. Article 70 of the Swiss Federal Constitution, titled “Languages”, enshrines the principle of multilingualism. A recent project to create legislation to implement multilingualism across the cantons, however, has failed. Thus Switzerland remains de jure quadrilingual, but de facto bilingual at best, with only a handful of cantons recognizing more than one official language (Newman, 2006: 2). Cantonal borders are not based on language: the French-German language border runs across cantons during most of its course from north to south, and such is also the case for Italian.
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Anisimov, Igor Olegovich, and Elena Evgen'evna Gulyaeva. "The legislation of the Russian Federation in the field of language policy and international law." Международное право, no. 2 (February 2022): 41–57. http://dx.doi.org/10.25136/2644-5514.2022.2.37681.
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The subject of the study is the norms of the national law of the Russian Federation on the protection and preservation of languages, as well as the norms and principles of international law in this area. The object of the research of this article is the relations in the field of legal regulation of the protection and preservation of the languages of indigenous peoples and local communities. Based on comparative legal, formal legal and systematic research methods, the article presents an analysis of the legal foundations of language policy in Russia, as well as the provisions of international legal acts in the field of the protection of the languages of indigenous peoples and local communities, namely: the Declaration of Principles of International Cultural Cooperation of 1966, the UN Declaration on the Principles of International Law of 1970., The European Convention on Human Rights of 1950, the European Charter of Regional or National Minority Languages of 1992, as well as PACE resolutions and recommendations. The novelty of this study lies in the fact that the authors conducted a comprehensive analysis of the modern legal foundations of language policy in Russia. In the article, the authors consider in detail the concepts of "national minorities" and "cultural values" in accordance with the national legislation of the Russian Federation and international legal acts. The authors come to the conclusion that the Russian historical experience and modern practice of preserving the languages of national minorities, as well as the legal mechanism for the protection of languages provided for by the Constitution of the Russian Federation and other normative legal acts, in many ways surpasses the mechanism provided for by the European Charter. Thus, the exclusion of Russia from the Council of Europe will not negatively affect their protection and preservation within our state.
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Turi, Joseph-G. "Quelques considérations sur le droit linguistique." Les Cahiers de droit 27, no. 2 (April 12, 2005): 463–76. http://dx.doi.org/10.7202/042750ar.
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The law of languages truly is new ground for legal thinking and even may be considered futuristic in as much as it is law that recognizes differences among men. In this respect, the Loi sur la langue officielle and the Charte de la langue française of Québec confirm the right to specific linguistic expression in the form of acts that are territorially and materially exhaustive — these laws are outstanding examples for anyone who is interested in comparative law of languages. Nonetheless, the law of languages profoundly touches upon concepts that are of capital social importance : culture, minority language rights and fundamental freedoms. Furthermore, the very object of linguistic legislation which of course is language, is per se an object that hardly lands itself to appropriation either linguistically or legally — and as a basic means for expressing legal thought, language simultanously is the subject and object of law dealing with meta-legal and meta-linguistic concepts. Lastly, there exist in Québec important restrictions of both a structural and operative nature that relate to the interpretation and enforcement of Quebec law on language usage. This is why the legal impact of language laws, in general, and Quebec law, in particular, is of minor importance, whereas the cultural impact is of major concern.
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Kuznetsov, Vitalii V. "Grounds for criminalizing a public insult to Ukrainian language." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 163–67. http://dx.doi.org/10.24144/2788-6018.2021.03.30.
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The article examines the issue of a long-term reform of criminal legislation on the criminalization of public insult to the Ukrainian language. It is established that this issue has not been studied in the criminal law theory, and, therefore, requires independent study. The actualization of this issue is connected with the draft laws prepared by the People's Deputies of Ukraine: "On Amendments to Certain Legislative Acts of Ukraine" (on the introduction of criminal liability for insulting the state language and languages of national minorities of Ukraine) (№ 8031 Amendments to Certain Legislative Acts of Ukraine ”(concerning the introduction of criminal liability for insulting the state language and languages of national minorities of Ukraine) (№ 8092 of 09.02.2011),“ On ensuring the functioning of the Ukrainian language as the state language ”(№ 5670-d of 09.06.2017), “On Amendments to the Criminal Code of Ukraine on the Protection of the Ukrainian Language as the State Language” (№ 5670 of June 17, 2021). The authors of the bills assumed that the grounds for such an act criminalizing had been the socio-political situation in Ukraine and, therefore, they determined the need for criminal and legal protection of the Ukrainian language as the state language. The use of comparative, historical and legal research methods allowed us to conclude that the national approach to criminalizing such actions is unique.
The article analyzes the relevant bills and explanatory notes to them, examines the conclusions of experts and, hence, the author's conclusions on the prospects of criminalization of such actions have been made. It was stated that the construction of the model composition of a criminal offense does not comply with the principle of "legal certainty" and needs significant refinement after conducting a criminological study and determining the objective grounds for criminalization of such actions. It is proposed to take into account regulatory legislation when criminalizing such actions (liability should apply only to entities with statutory responsibilities; the scope of certain prohibitions is determined by the responsibilities of such entities) and the provisions of criminal law doctrine (modus operandi in the system of the Special Part of the Criminal Code depends on the object of encroachment; criminalization of the act should not create privileges for criminal protection of one of the languages; criminalization of the act must comply with the principles of the law on criminal liability in space).
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Mouthaan, Solange. "Linguistic Minorities and Educational Rights in France – The Corsican Example." European Public Law 13, Issue 3 (September 1, 2007): 433–59. http://dx.doi.org/10.54648/euro2007026.
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Europe, with the European Charter for the Protection of Regional and Minority Languages and the Framework Convention for the Protection of Minorities has acknowledged that the protection of its cultural identity, of which languages form part, is vital. Despite these efforts, States have adopted varying measures. France, for constitutional reasons, is unable to recognize officially any of its linguistic minorities. As a consequence, in practical terms, French legislation on the subject of minority language instruction at school cannot really promote, for example, the teaching of Corsican, because it must be seen to be of a voluntary nature. In other words, a minority language will be taught as long as it is not compulsory. This principle has the unfortunate corollary of threatening the existence and survival of France’s minority languages.
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Dunbar, Robert. "Minority Language Rights in International Law." International and Comparative Law Quarterly 50, no. 1 (January 2001): 90–120. http://dx.doi.org/10.1093/iclq/50.1.90.
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The provision of legislative or other legal protection for linguistic minorities is widespread in domestic legal systems.1 In international law, and in international human rights law in particular, the question of minority language rights has until recently received much less attention. The entry into force on 1 March 1998 of the Council of Europe's European Charter for Regional or Minority Languages (the “Minority Languages Charter”), the first international instrument directed solely at the question of language, suggests that the situation may be changing.
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Maley, Yon. "The language of legislation." Language in Society 16, no. 1 (March 1987): 25–48. http://dx.doi.org/10.1017/s0047404500012112.
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ABSTRACTThe characteristics of the language of legislation are derived from its role in the institution of law. An analysis of the institutional context reveals links among history, social function, participant roles, accepted goals of legislation, and language use. The nature of an Act of Parliament as a perpetual speech act creates a frozen authoritative text so that the language itself becomes a component of the law. If legislation is to be both stable and flexible, institutional communicative strategies are required to organise linguistic means to these sociolinguistic ends. (Law, legislation, register, speech acts, communicative competence, communicative strategies)
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Lantschner, Emma. "North Macedonia’s Language Law of 2018." European Yearbook of Minority Issues Online 18, no. 1 (June 1, 2021): 184–202. http://dx.doi.org/10.1163/22116117_01801009.
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In 2019, a new law regulating the use of languages other than Macedonian entered into force in North Macedonia. Language issues have always been a hot topic in North Macedonia and one capable of stirring controversial debate, especially between the Albanian- and the Macedonian- speaking population. This is also the case for this most recent piece of legislation. The present article discusses initially the constitutional and political background to the adoption of the law. It then analyses some of the most disputed aspects of the law. Most of them relate to the broader issues of democracy and rule of law as well as the balance with other human rights.
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Doliwa-Klepacka, Anna. "Preparation of a Legislative Proposal in the Multilingual Legal System of the European Union." Studies in Logic, Grammar and Rhetoric 45, no. 1 (June 1, 2016): 37–50. http://dx.doi.org/10.1515/slgr-2016-0014.
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Abstract The principle of multilingualism in the legal system of the European Union is one of the key elements that guarantees, among others, the right of access to EU legislation. It is particularly important not only in the sphere of the direct application of the EU law, but also in the sphere of access to information during the lawmaking procedures at the EU institutions. A special case is, however, a stage of preparing a draft legislative proposal by the European Commission. The EU member states agree to limit the use of official language version to the working documents for “working” languages of the Commission, i.e. English, French and German. In practice, English and French are the most widely used languages for the working arrangements in the preparation of the draft legislation, mainly due to costs of the necessary translations and an effectiveness of this stage. This article presents a course of the stage of the drafting a legislative proposal by the Commission and illustrates the scope of work partly exempted from the obligation to ensure the full application of the principle of equivalence of all the official languages of the European Union.
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Bröring, Herman, and Eric Mijts. "Language Planning and Policy, Law and (Post)Colonial Relations in Small Island States: A Case Study." Social Inclusion 5, no. 4 (December 22, 2017): 29–37. http://dx.doi.org/10.17645/si.v5i4.1134.
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Language planning and policy (LPP) in postcolonial island states is often strongly (co)determined by the former colonizer’s state tradition. Comparable to the examples of the development of LPP in Cabo Verde (Baptista, Brito, & Bangura, 2010), Haiti (DeGraff, 2016), and Mauritius (Johnson, 2006; Lallmahomed-Aumeerally, 2005), this article aims to illustrate and explain in what way the current situation of the dominance of Dutch in governance, law and education in Aruba (and Curaçao) can only be explained through path dependency and state tradition (Sonntag & Cardinal, 2015) in which, time and again, critical junctures, have not led to decisions that favour the mother tongue of the majority of the population (Dijkhoff & Pereira, 2010; Mijts, 2015; Prins-Winkel, 1973; Winkel, 1955). In this article, three perspectives on LPP in small island states are explored as different aspects of the continuation of the former colonizer’s state tradition and language regime. The first part will focus on the (non-)applicability of international treaties like the European Charter for Regional or Minority Languages (ECRML) on the challenges of small island states. The point will be made that international treaties, like the ECRML, do not (currently) provide sufficient basis for the protection of languages in former colonial islands and for the empowerment of individuals through language rights. The second part explores the meaning of fundamental legal principles and specific demands, deduced from international treaties. The point will be made that the structure of the Kingdom of the Netherlands brings with it several limitations and obstacles for the autonomous development of LPP. The third part will focus on the way in which current Aruban legislation reflects the dominance of Dutch in governance, the judiciary and education. While bearing in mind that choices for legislation on language for governance, the judiciary and education are rooted in very diverse principles, a critical reading of existing legislation reveals an interesting dynamic of symbolic inclusive legislation and exclusive practices through language restrictions that favour the Dutch minority language. Recent research, however, demonstrates that law/policy and practice are not aligned, as such creating an incoherent situation that may call for a change in legislation and policy.
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Comai, Giorgio, and Bernardo Venturi. "Language and education laws in multi-ethnic de facto states: the cases of Abkhazia and Transnistria." Nationalities Papers 43, no. 6 (November 2015): 886–905. http://dx.doi.org/10.1080/00905992.2015.1082996.
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Even after the conflicts of the early 1990s that brought them to their de facto independence, both Abkhazia and Transnistria remained strongly multi-ethnic. In both territories, no single ethnic group is an absolute majority and Russian is the language that is mostly spoken on the streets of Sukhumi and Tiraspol. Legislators of both entities felt the need to deal with multi-ethnicity and multilingualism, including in their constitutions, in laws related to education, or more directly with specific language laws (1992 law “On languages” in Transnistria; 2007 law “On the state language in Abkhazia”). The protection of linguistic rights that is formally part of the legislation of both territories finds limitations in practice. The language of education has proved to be particularly contentious, in particular for Moldovan/Romanian language schools in Transnistria and Georgian language schools in Abkhazia. Why are language laws in Abkhazia and Transnistria so different, in spite of the fact that they are both post-Soviet, multi-ethnic territories that became de facto independent in the early 1990s? The different approaches found in Abkhazia and Transnistria represent remarkable examples of language legislation as a tool for nation-building in ethnically heterogeneous territories.
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Lasinski-Sulecki, Krzysztof. "Proper Publication of Legal Texts Relevant for Taxation Tax Aspects of the ECJ Judgment in the Skoma-Lux Case." Intertax 37, Issue 6/7 (June 1, 2009): 414–20. http://dx.doi.org/10.54648/taxi2009042.
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In May 2004, enlargement of the European Community (EC) took place. EC law should have become applicable in new Member States at the moment of accession. However, numerous acts of the EC law were not published officially in languages of new Member States. Lack of proper publication has led to disputes (particularly in the field of customs law). During one of such disputes, questions were referred to the European Court of Justice (ECJ). In its judgment of 11 December 2007 in the case Skoma-Lux sro v. Celní ředitelství Olomouc (hereinafter ‘Skoma-Lux ’), the ECJ held: Art. 58 of the Act of Accession precludes the obligations contained in Community legislation which has not been published in the Official Journal (OJ) of the European Union in the language of a new Member State, where that language is an official language of the European Union, from being imposed on individuals in that State, even though those persons could have learned of that legislation by other means. The author analyzes the relevance of this judgment in tax matters.
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Waśniewska, Ewa. "Multilingualism as the Constitutional Principle of the Equality of Languages in European Union Law." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (December 30, 2020): 187–205. http://dx.doi.org/10.14746/ppuam.2020.11.10.
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Multilingualism is a constitutional principle of European Union law. This principle is manifested in the recognition of the equality of all the official languages and Member States. At the beginning of the 1950s, the European Community addressed linguistic equality issues by providing multilingualism protocols and Regulation 1/58. Access for citizens to legislation in every official language of the European Union is a phenomenon on an international scale. The institutions of the European Union establish their own language regimes and apply various practices adapted to the specifics of the functions they perform. The purpose of this article is to analyze and assess the impact of multilingualism as a constitutional principle of European Law.
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Mozgovoy, Vladimir I. "Ukrainian Legislation on National Language Policy and the Reality of Social Processes (1917–2021)." Neophilology, no. 2 (2022): 228–42. http://dx.doi.org/10.20310/2587-6953-2022-8-2-228-242.
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The relevance of the study of Ukrainian language legislation is determined by its mono-national orientation and social inadequacy. The purpose of the article is to uncover the veiled basis of Ukrainization, starting from its terminological understanding by M. Hrushevsky (1907) to the legal consolidation at the level of state building, which covers three stages: the stage of revolutionary and chaotic Ukrainization (1917–1919), the stage of partial Ukrainization within the USSR (1920–1991), and the stage of full Ukrainization of independent Ukraine (since 1991). The latter demonstrates previously hidden directions and methods of modern Ukrainization – the isolation of territories from the Russian world on the basis of the “national idea”, which requires a separate consideration of the Ukrainian legislation that accompanies this process. From the social point of view, its legitimacy is problematic, as it does not contribute to the development of the national language. The definitions of the main functional components of the national-language policy: the concepts of languages of nationalities, native, state, official, regional and non-territorial languages are offered as tools to preserve its cultural potential. It is proven that the contradiction between their objective nature and the subjectivity of ideological interpretations lead to social conflicts, de-stroying the foundations of the state and law. The conclusion is made that the status of languages in a multinational state is established not by political declarations, but by the idea of cultural po-tential preservation of all national communities, regardless of their residence territory and national linguistic identity of its citizens.
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Bushi, Jonida, and Endri Papajorgji. "Translation in Terms of Law and Communication: Difficulties Regarding the Translation of Legal Texts from Albanian into German and Vice Versa." Journal of Educational and Social Research 11, no. 4 (July 8, 2021): 58. http://dx.doi.org/10.36941/jesr-2021-0076.
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This article deals with the peculiarities of translating legal terminology from German into Albanian and vice versa. Legal texts constitute an important part of translation into both languages. Translations of legal texts in Albania have increased since the latter's attempts to join the EU. European Union translation materials are in large volumes and require a lot of work. Therefore, the request for translation of legal documents, such as provisions or court decisions into other languages of the Union, including German, has increased. Despite institutional efforts to draft a glossary of legislation with the cooperation of professionals led by the OSCE (Organization for Security and Cooperation), as well as some efforts made in compiling Albanian-German legal dictionaries, there are no genuine publications in the Albanian language that handle the problems of translation in this field. Since technical legal language is a practical or institutional language, it is characterized by a high percentage of technical terms as well as a standardized sentence structure. Legal language is characterized by accuracy and clarity. Received: 5 May 2021 / Accepted: 23 June 2021 / Published: 8 July 2021
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Pretorius, J. Loot. "The Use of Official Languages Act: Diversity Affirmed?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 280. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2313.
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A full sixteen years after the coming into force of the 1996 Constitution, Parliament responded to the constitutional obligation to regulate and monitor, by legislative and other means, the use of official languages by adopting the Use of Official Languages Act 12 of 2012. The Act represents a very limited normative appreciation of this constitutional instruction. The official language clause of the Constitution expresses a normative commitment regarding the positive affirmation of linguistic diversity, which is directly informed by and closely aligned to the core normative values of the Constitution. The Constitution’s positive evaluation of difference, including linguistic difference, inter alia, flows from the values of substantive equality, equal citizenship, dignity and proportionality. However, the way in which the Act institutionalises the promotion of inclusive linguistic diversity does not reflect an unambiguous recognition of this obligation being normatively embedded in the foundational value structure of the Constitution. The real responsibility for decisions regarding official language use is located in the policy-making competence of non-independent administrative bodies. The Act itself is devoid of instructive standards of its own to guide administrative decision-making regarding official language use. This results in the responsibility for making the most important normative choices regarding the use of official languages not being reserved for the legislative process, but entrusted to non-independent advisory administrative bodies. The nature of the Act confirms that it never was the intention of the government to be bound by legislation in this respect. This modus operandi is democratically deficient and compromises both the separation of powers and the principle of legal certainty as fundamental tenets of the rule of law.
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Jumayeva, Mohira Shermamat Kizi. "LEXEME OF KOREAN OFFICIAL LANGUAGE." CURRENT RESEARCH JOURNAL OF PHILOLOGICAL SCIENCES 02, no. 12 (December 1, 2021): 99–103. http://dx.doi.org/10.37547/philological-crjps-02-12-21.
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The article examines the vocabulary of Korean legislation, its general features, lexical units with common features used in legislation, methodological features, functions, lexical units that differ in their place in the formation of an official text, including methodically lexical units, neutral units of general speech and formal Special units in the status of basic units that logically and semantically form the text, are considered on the example of articles from the basic law of the Korean language.
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Crowe, Richard M. "Always the bridesmaid, never the bride?: Legislating in English and Welsh." Sociolinguistica 33, no. 1 (December 1, 2019): 85–105. http://dx.doi.org/10.1515/soci-2019-0006.
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Abstract Welsh has official status in Wales, where it is spoken by approximately 20 % of the population. All adult speakers of Welsh are also able to speak English. The National Assembly for Wales and the Welsh Ministers legislate in both Welsh and English. The Government of Wales Act 2006 provides that the English and Welsh texts of any Act of the Assembly or any subordinate legislation enacted or made in both English and Welsh are to be treated, for all purposes, as being of equal standing. This paper examines the role legislating bilingually plays in confirming the official status of the Welsh language; how the bilingual texts are produced by a process of collaborative translation within an administration where English is the dominant working language; how they are scrutinised by a legislature where legislators are free to use either or both languages, but where, in practice, English dominates; and how they are promulgated in both languages in the form in which they are enacted or made, but only routinely updated in English. It further considers what the principle of ‘equal standing’ may mean and how effect may be given to it; how these bilingual texts may be interpreted by the public and the legal profession, domains in which English dominates; and what implications the production, scrutiny, promulgation and interpretation of bilingual legislation have for the accessibility of the law in Wales.
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Kadriu, Bekim, and Ylber Sela. "The right to use the Albanian language as an official language in Macedonia: the new draft law, its content, advancement and comparison." International Journal of Business & Technology 6, no. 1 (November 1, 2017): 1–11. http://dx.doi.org/10.33107/ijbte.2017.6.1.01.
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The use of Albanian language as official language in Macedonia has been a challenge especially after the Ohrid Framework Agreement (OFA) in 2001. Before 2001, Albanian language was defined as an official language and was used only in private matters as well in primary and secondary education. With the OFA and Constitutional changes in 2002, the language that is spoken by 20% of the population in the country was defined as an official language, but it’s application in practice was left to be regulated by e specific law. The law was adopted in 2008, 6 years after the constitutional changes. Now there is a new law proposed, which is supposed to regulate in more efficient way the use of Albanian language as official language in Macedonia. With this paper the authors are trying to answer some legal questions that has been debated in the country: firstly, is Albanian language official language and whether it is of a same level of application as Macedonian language; secondly, what are the novelties of the new draft law, and how the use of Albanian language is improved and advanced; thirdly, what are the practical challenges for the implementation of the new draft law. The authors of the paper will refer to international standards on use of languages as well as to relevant national legislation, as a tool to compare the new draft law in Macedonia.
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Vacca, Alessia. "Australia and Catalonia: a comparative study on the protection of minority languages from a legal standpoint. Education in the mother tongue. Is the language a factor of integration or a barrier?" Eesti ja soome-ugri keeleteaduse ajakiri. Journal of Estonian and Finno-Ugric Linguistics 2, no. 1 (June 17, 2011): 335–46. http://dx.doi.org/10.12697/jeful.2011.2.1.22.
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This article is a comparative study of the education system in minority languages between Catalonia and Australia from a legal standpoint. Catalonia has a complex legislation: National Constitution, Statute of Autonomy, Regional Laws, a strong legal framework, a language always alive as a political instrumentto get the power. Australia has not a legal framework in this area and has a confused planning system. In Europe, the Council of Europe has been in charge of the protection of human rights.Australia signed and ratified some International Conventions which are not a strong legal basis to claim an education system in aborigines’ languages. The Catalan Law on Linguistic Normalizationn. 7 of 1983, replaced by the Law on Linguistic Policy n. 1 of1998, has, among the other purposes, also that to stimulate the use of Catalan as language of education in all levels of teaching.The school has a fundamental importance for the transmission of the culture of minorities. If the educational systems didn’t have any regime of teaching in the mother tongue all policies are not efficient.
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Kiselev, S. S. "ON THE CHANGE OF FRENCH LANGUAGE POLICIES VECTOR: FROM THE TOUBON LAW TO THE FIORASO LAW." Bulletin of Udmurt University. Series History and Philology 29, no. 3 (June 25, 2019): 418–23. http://dx.doi.org/10.35634/2412-9534-2019-29-3-418-423.
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The article concerns a pertinent problem of the language policies of France and other EU member states - the correlation between the national language and culture and the English language, dominating in the EU, particularly in education. France has been protecting its language for long and has a legislative instrument for this protection since 1994 (the Toubon law on the use of French), but since Nicolas Sarkozy’s presidency the language policies vector has changed under the pressure of the EU supranational institutions. Thus, in 2013 education in English has been allowed in French universities after adopting the Fioraso law in 2013 with some exceptions to the Toubon law in the matter of education. The theoretical points and conclusions are backed up with an analysis of the 1997-2015 Reports to Parliament on the use of the French language published by the General Delegation for the French language and the languages of France using a linguistic analysis software tool, T-Lab.
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Hontar, Maryna. "The development of the language situation in the field of e-commerce in Ukraine." Ukrainska mova, no. 4 (2021): 76–92. http://dx.doi.org/10.15407/ukrmova2021.04.076.
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This article examines the current development of the language situation in the field of electron- ic commerce (e-commerce) in Ukraine being impacted by the language legislation which regulates the use of languages in e-commerce. The study focuses on two time periods of the use of Ukrainian and Russian languages in online stores, that is, 2018 — the 1st half of 2019 and 2021. The language used in the field of e-commerce is regulated by the On E-Commerce Law (2015) and the On Ensuring the Functioning of the Ukrainian Language as the State Language Law (2019), and the language situation in e-commerce is characterized by the Ukrainian-Russian bilingualism with a predominance of the Russian language. There is a large number of on-line stores in Russian which websites will not feature in the official language. The exceptionsencompass the most popular and most visited online stores aiming for customers from all regions of Ukraine and, therefore, supporting bilingual websites. The Ukrainian language is mostoften used by online stores whose products refer either to the national idea, e.g., embroidery shops, patriotic and national symbols clothing or to the owners’ civic pro-Ukrainian position manifested. The predominance of Russian was established as an outcome of the long-term non-interference language policy of the state in the e-commerce sector. However, the analyzed data reflect some positive changes in the online stores’ linguistic representation, e.g., Ukrainian-language versions added to the significant number of the websites in 2021 and the numbering is rising. Imposing the e-commerce websites in the Ukrainian version, the language law is a major cause of the e-commerce language situation change. Keywords: sociolinguistics, bilingualism, linguistic situation, e-commerce, Ukrainian, Russian
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DOCHU, A. R. "CODIFICATION OF THE CRIMEAN TATAR LANGUAGE: THE EXPERIENCE OF THE ENDANGERED LANGUAGES OF EUROPE AND THE WORLD." Movoznavstvo 323, no. 2 (May 10, 2022): 63–69. http://dx.doi.org/10.33190/0027-2833-323-2022-2-004.
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The article is devoted to the codification of the Crimean Tatar language on the example of the endangered languages of Europe and the world. The problem of codification of the codification of the Crimean Tatar language, in particular the normalization of the alphabet and the return to Latin script, requires the adoption of a number of laws and regulations at the national legislative level, as the success of codification depends not only on community perception but also state support. The issue of the preservation and development of endangered languages can be addressed not only at the national level, but also regionally and internationally. Thus, at the European regional level, the Council of Europe has adopted «The European Charter for Regional or Minority Languages», which sets out the principles for the protection of regional and minority languages, including endangered languages. At the international legislative level, the UN Declaration on the Rights of Indigenous Peoples regulates the protection and support of indigenous languages. In particular, for the Crimean Tatar language, it is advisable to take into account the experience in supporting and protecting the indigenous languages of Europe or the world (in Finland and Norway «The Sámi Language Act», Mexico’s General Law on the Linguistic Rights of Indigenous Peoples (2003), «The Welsh Language Act» (1993). It will be appropriate to choose a framework linguistic academy or commission on language and spelling, which would professionally address language issues, including codification, transition to the Latin alphabet, Crimean Tatar spelling, lexicographic and terminological codification, etc. The attention should also be paid to the experience of language codification via the Internet, mass media or YouTube channels, where forums gather to discuss language issues, standardization of certain norms, as wells as the Ukrainian experience in codification of Romani in the Council of Europe project
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Cutts, Martin. "Writing on the wall for law language." English Today 11, no. 3 (July 1995): 45–53. http://dx.doi.org/10.1017/s0266078400008452.
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Artykutsa, Nataliia. "LANGUAGE AND TERMINOLOGICAL PROBLEMS OF UKRAINIAN MODERN LEGISLATION." Terminological Bulletin, no. 6 (2021): 253–69. http://dx.doi.org/10.37919/2221-8807-2021-6-25.
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The author reviews publications of Ukrainian jurists and linguists on the choice and application of terms in legislation, the negative consequences of inconsistency of terminology in laws and codex’s for law applicable practice. As a result of linguistic monitoring of document’s texts and the Dictionary of Legislative Terms from the Database “Legislation of Ukraine” revealed cases of misuse of terms, violations of modern Ukrainian language, interference errors caused by the influence of Russian language during the Soviet period. The author classifies typical errors and outlines the range of actual linguistic and terminological problems of modern Ukrainian legislation, emphasizing the need for a comprehensive balanced approach to solving problems related to the standardization, unification and standardization of legal terms. The article provides examples of errors and variability of terms in legislation, that highlights the need to standardize the terminology of Ukrainian legislation by a special terminology commission based on the implementation of achievements of modern legal terminology and standards of the Ukrainian language.
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Munday, Roderick. "Legislating in Defence of the French Language." Cambridge Law Journal 44, no. 2 (July 1985): 218–35. http://dx.doi.org/10.1017/s0008197300115375.
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In the preface to his memoirs, Casanova outlined his reasons for writing them in French. Having noted that the clarity, precision and grace of the French language are such that a cultivated person cannot help but fall beneath its spell, he went on to mention one further feature:It is worth observing that among all the living languages in the republic of letters, French is the only one which its presiding judges have sentenced not to enrich itself at the expense of the other languages.Arguably this is a proud posture for a language to strike, hermetically cocooned within a self-imposed cultural bridewell. Nevertheless, Casanova's observation was, to a degree, an accurate representation of the cultured French of his day and, curiously, is probably truer today that it has ever been.
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Kulyk, Volodymyr. "Language Policy in Ukraine." East European Politics and Societies: and Cultures 27, no. 2 (February 26, 2013): 280–307. http://dx.doi.org/10.1177/0888325412474684.
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This article seeks to shed more light on Ukraine’s language problem by specifying popular views of policies the state should pursue in the language domain. Aiming at the delineation of possible ways to reconcile the preferences of main ethnolinguistic and regional groups, it analyzes their views of the valid and desirable legislative and institutional arrangements. The data come from a nationwide representative mass survey and twenty focus groups in different parts of Ukraine. The analysis shows that Ukrainian-speakers would like to see their language dominant in all domains but are ready to put up with the widespread use of Russian, provided that their own right to use Ukrainian is not questioned and the titular language retains the priority status and exclusive role in some symbolically important practices. In contrast, Russian-speakers prefer an upgrade of the status of Russian, which they present as a way to ensure the equality of speakers of the two languages but most of them actually want official bilingualism to let them remain unilingual in their capacities both as citizens and as employees. The best solution would be to adopt compromise legislation providing for a limited upgrade of the status of Russian and then facilitate its observance by both bureaucrats and citizens. However, the new language law adopted under President Yanukovych was widely perceived as endangering the use of Ukrainian and thus contributed to confrontation rather than compromise.
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Batyushkina, Marina V. "Legal and linguistic uncertainty of terms and norms of Russian laws." Russian Language Studies 19, no. 2 (December 15, 2021): 138–54. http://dx.doi.org/10.22363/2618-8163-2021-19-2-138-154.
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The article presents the results of a study of de jure (modeled) and de facto (real) interpretation of the concept legal and linguistic uncertainty, which is relevant for modern Russian legal discourse, lawmaking, judicial, and expert practice. These features are typical for Russian legal discourse, lawmaking, judicial, expert practice, as well as the scientific sphere of communication. The article is aimed at studying the objective and subjective reasons for legal and linguistic uncertainty of legislative terms and legislative norms; analysing the conditions under which uncertainty is considered as an attribute of law language and a means of legal regulation or a defective formulating legal rules, falsa leclio. Legal and linguistic uncertainty is considered from different points of view: (a) the dichotomy clarity/ uncertainty; (b) the legislative definition; (c) attitude to the system of Russian legislation terms; (d) variability, disambiguate, double-meaning; (e) the basis for procedural decisions (expert assessment, adjustment of the norm of the draft law or the current law, rejection of the draft law). The subjective factors of legal and linguistic uncertainty are analyzed, on the one hand, from the position of professional competencies of law developers and specialists examining laws in different aspects - linguistic, legal, anti-corruption, legal and technical, pedagogical, etc. On the other hand, they are analysed from the point of view of legal and other knowledge of the addressees, those, who interpret the law. The research methodology is traditional for modern Russian studies and legal linguistics: analysis, comparison, deduction, induction, analogy, modeling, as well as contextual, interpretive, systemic, discursive, interdisciplinary, practice-oriented and other approaches. Due to interdisciplinary nature of the research, works on linguistics, jurisprudence, legal linguistics, documents of legislative, judicial, expert practice, texts of Russian (federal) laws, materials from the Dictionary of Terms of Russian Legislation were used. The prospects for the study are outlined: considering legal and linguistic uncertainty in the aspect of creating laws in two or more state languages, orthology, etc.
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CORCORAN, SIMON. "ROMAN LAW AND THE TWO LANGUAGES IN JUSTINIAN'S EMPIRE." Bulletin of the Institute of Classical Studies 60, no. 1 (June 1, 2017): 96–116. http://dx.doi.org/10.1111/2041-5370.12049.
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Abstract This paper, reflecting Fergus Millar's work on linguistic and cultural diversity in the Roman empire, surveys the evolving relationship of Latin and Greek as languages for Roman law. Normative texts remained predominantly Latin until the completion of Justinian's codification (534), even though that was a genuinely bilingual product. However, following the already existing pattern in the Greek east, a vast corpus of Greek materials was then quickly created to teach the codification in the official law schools. Designed to aid engagement with the source-texts, these ended up superseding them. Roman legal Greek, a mixture of Latin terminology plus standardized Greek vocabulary, became stabilized. After 534, new legislation was most often in Greek, necessitating parallel Latin materials to help Latin-speaking students, although sixth-century collections of Novels (‘new laws’) were still bilingual. In practice, however, in most of Justinian's empire, a lawyer (such as Dioscorus of Aphrodito) could function with limited Latin. Soon Roman law would bifurcate into two monolingual traditions, Greek in the east, Latin in the west.
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Shevchenko, O. V. "Evolution of Legal Consolidation of Language Policy of Russian Empire on Ukrainian Provinces in XIX – early XX Century." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 15–26. http://dx.doi.org/10.32631/v.2020.4.01.
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The need to create an effective mechanism to ensure the implementation of language policy by our state has been increased at the present stage of the development of Ukraine and its legal system. It, on the one hand, will ensure the revival and spread of the Ukrainian language, and on the other will allow the development of national minority languages in accordance with the European Charter for Regional or Minority Languages (1992), the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992), the UN Resolution on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1995), The Oslo Recommendations on the Language Rights of National Minorities (1998) and other existing international legal acts. Historical experience can significantly help the successful implementation of measures aimed at improving the effectiveness of domestic legislation in this area. It will allow us not to repeat the mistakes of the past and take into account and use the positive developments. Unfortunately, domestic practice demonstrates a clear lack of attention to the study and use of such experience.
The purpose of the article is a comprehensive historical and legal analysis of the processes of legal consolidation and implementation of the language policy of the Russian Empire on the Ukrainian lands in the XIX – early XX centuries. In accordance with the purpose, the following tasks have been formulated: to consider how the imperial language policy has evolved, aimed at narrowing the scope of using the language of the Ukrainian people for assimilation, to emphasize the role and significance of the legal component in these processes that was expressed in the legislation and law-enforcement activity of the relevant state authorities.
Scientific novelty is manifested in the fact that this article is one of the first scientific works, where the problems of legal consolidation of Russification language policy on the Ukrainian lands during the past and the beginning of the last centuries are studied according to the latest methodological positions, based on a comprehensive analysis of existing scientific literature, regulatory and law-enforcement acts, as well as other historical and legal sources.
The author of the article has emphasized that the tsar pursued a policy of incessant formal and legal restrictions on the Ukrainian language during this period. It has been claimed that during the 60-80s of the XIX century there was the legislative consolidation of that policy. The author has determined the purpose of the imperial government – to limit the scope of use of the Ukrainian language in order to prevent it from becoming a key element in the creation of Ukrainian identity.
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Churton, Michael W. "Federal Law and Adapted Physical Education." Adapted Physical Activity Quarterly 5, no. 4 (October 1988): 278–84. http://dx.doi.org/10.1123/apaq.5.4.278.
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This article comprehensively reviews national legislation that affects the delivery of adapted physical education services. Legislation includes the Education of the Handicapped Act as amended by PL 99-457, the Rehabilitation Act as amended by PL 99-507, and the Developmental Disabilities Assistance and Bill of Rights Act as amended by PL 100-146. Direct and indirect references to physical education are presented for each act. An overview as to the legislative process is also described. Advocacy is discussed pertinent to the profession’s and the professionals’ responsibilities for ensuring that statutory language is implemented.
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Marupi, Omphile, Baba Primrose Tshotsho, and Raphael Nhongo. "The Functionality of Sotho as a Previously Marginalised Language in a Multilingual Educational Setting." Academic Journal of Interdisciplinary Studies 10, no. 2 (March 5, 2021): 140. http://dx.doi.org/10.36941/ajis-2021-0045.
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The language policy issues in Zimbabwe are embedded in three documents which are the Education Act of 1987, the Nziramasanga Commission, and the current constitution which was passed into law in 2013. The paper examines the negatives and positives of these policies in education and how they facilitate the inclusion and exclusion of Sotho. The vague policies which are evasive on how indigenous languages should be treated when it comes to their use as media of instruction are problematised. Data used in this paper was supplemented with information that came from interviews with eight teachers from schools in Gwanda. It is argued in this paper that the policies and pieces of legislation are not devoted to the equal advancement of indigenous languages. It is concluded that the functionality of Sotho in the education sector in Zimbabwe is mainly hindered by the government policies that do not recognise the co-existence of languages but rather create a linguistic war zone where they have to fight to dislodge one another. The paper advocates for the recognition of harmonious co-existence of languages in education where all the languages found in a geographical space are not restricted but are made to function equally and simultaneously.
Received: 12 September 2020 / Accepted: 17 December 2020 / Published: 5 March 2021
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Michnevisch, L. "Legislative consolidation of copyright on Ukrainian lands within the austrian (Austro-Hungarian) empire." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 55–60. http://dx.doi.org/10.24144/2307-3322.2022.72.9.
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The article analyzes the genesis of the normative consolidation of copyright law in the Ukrainian lands of the Austrian (Austro-Hungarian) empire. The thesis is substantiated that the formation of copyright law, as a legal institution in the western Ukrainian lands, followed a peculiar way. It has been formed under the influence of the main European concepts of the legal protection of copyright law and the legislative norms of the Austrian state. It has been established that the preconditions for the origins of copyright law in Europe were the origin of printing, the commercialization of publishing, and the professionalization of literary activity. It has been discovered that the legislation of copyright law in the Austrian state was formed much later than in the leading European countries. Primarily, there has existed as part of censorship legislation. Only in the middle of the 19th century, separate copyright law has been adopted. It has been detected that the right of literary property arose first, and later the same legal principles were used to protect the works of composers and artists. The thesis is proved the spread of the proprietary concept of copyright in Austrian law. It has been suggested that until the beginning of the 20th century, copyright law has been already understood as the exclusive right of the author to publish, reproduce, distribute and translate the work. However, Austrian legislation did not distinguish the personal non-property rights of authors.
It has been stated that all general approaches to the legislative consolidation of copyright law in the Austrian state were also extended under control to Ukrainian lands. It has been suggested that Austria, compared to other states that enslaved Ukrainian lands, created the most favorable conditions for the preservation of Ukrainian identity: Ukrainian-language books were published, the equality of languages was proclaimed, and official collections of state regulations were translated into Ukrainian. Finally, it allowed Ukrainians to realize the necessity for legal protection of intellectual property rights.
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Medvedev, Nikolay P., Dmitriy E. Slizovskiy, Viktor A. Glebov, Vadim N. Medvedev, and Abdul Rahman Amini. "Ethno-Language Issue as a Source of Separatism and Instability in Ukraine." Journal of Politics and Law 12, no. 5 (August 31, 2019): 111. http://dx.doi.org/10.5539/jpl.v12n5p111.
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The article analyzes the impact of ethno-linguistic policy on the separatism and political instability in Ukraine. The article examines the current provisions of the legislation of Ukraine on the development of language policy, as well as the provisions of the latest Law on the status of the state language in Ukraine.Ukraine has severalspecific features from the linguistic point of view, they are: bilingualism, uneven distribution of Russian and Ukrainian languages on the territory of the country and in different sectors of the social sphere, as well as ethno-linguistic, social and socio-cultural polarization of the Western, Central and South-Eastern parts of the country.
The Ukrainian language was recognized as the state languagein Ukraine in 1989. This preceded the signing of the Declaration on the State Independence of Ukraine in 1991. From that moment on, the Ukrainian language is considered a symbol of the new Ukraine. Raising the status of the Ukrainian language has become one of the central issues in the process of building an independent state.
The UN Security Council discussion in July 2019 on the language policy in Ukraine showed the world community's concern over the problem of ensuring the rights and freedoms of citizens and national minorities in Ukraine in connection with the adoption of the Law on the legal status of the state Ukrainian language and its use in education and public life.
The analysis focuses on the trends in the development of language policy, which is the source of aggravation of social processes in the form of separatism and destabilization of modern Ukraine and attempts of its modern political regime to finally complete the reorientation from Russia to the West at the legislative language level.
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Mandić, Marija, and Sandra Buljanović Simonović. "Between the Word of the Law and Practice: a Case of the Hungarian Speakers in Serbia." Acta Universitatis Sapientiae, European and Regional Studies 12, no. 1 (December 1, 2017): 125–43. http://dx.doi.org/10.1515/auseur-2017-0011.
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Abstract The paper initially presents the Serbian legislative framework relevant to the use of minority languages. The ethnolinguistic vitality of the Hungarian-speaking population in Serbia is then analysed, particularly in the Serbian province of Vojvodina. The paper then focuses upon the sociolinguistic survey of Hungarian language use in Belgrade. The emphasis is placed upon the survey responses related to the awareness of language rights among the Hungarian speakers.
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Borisova, Tatiana Iu. "The Legitimacy of the Bolshevik Order, 1917-1918: Language Usage in Revolutionary Russian Law." Review of Central and East European Law 37, no. 4 (2012): 395–419. http://dx.doi.org/10.1163/092598812x13274154887024.
Full textAbstract:
This article describes and analyzes the legislative politics of the revolutionary regimes in Russia in 1917-1918. The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. Revolutionary legislators often used specific language in new laws as a vehicle for legitimacy, i.e., as a means of making the people comply with those laws. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of legitimacy. The revolutionary strategy used propagandistic legislation, written in the language of lay people, which urged them to act according to the new law. This can be seen as a request for the people to take certain actions and thus to legitimize the soviets. On the other hand, they also used the traditional strategy by employing old bureaucratic means of writing and distributing legislation to the local soviets. The language used by this strategy could not be easily understood by a lay audience and implied a tradition of obeying the law written in familiar legal language, which in turn implied rational/legal legitimacy. The second strategy had already become dominant after the first months of the Bolshevik Revolution. This observation demonstrates that, from the very beginning of their rule, Soviet leaders approached legislative policy from a technocratic point of view, which determined the further development of Soviet legal theory and practice.
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URRUTIA LIBARONA, IÑIGO. "¿Nuevos paradigmas en la interpretación jurídica de la doble oficialidad lingüística?" RVAP 121, no. 121 (December 1, 2021): 171–220. http://dx.doi.org/10.47623/ivap-rvap.121.2021.04.
Full textAbstract:
El trabajo analiza la variación del canon de constitucionalidad de
la política lingüística en la jurisprudencia, que ha trasladado el eje de la constitucionalidad
de la legislación lingüística desde la «garantía de la doble oficialidad» al «inexcusable equilibrio» entre las lenguas oficiales a la hora de definirla. La disponibilidad
legislativa ya no encuentra su límite únicamente en la garantía del derecho
de opción de lengua, sino en una idea de «equilibrio» que ha de presidir el
tratamiento normativo, constriñendo la disponibilidad de los poderes públicos sobre
la materia. Ello supone adentrarse en el ámbito de la definición de la política
lingüística, cuyo diseño, puesta en práctica y realización corresponde a los poderes
públicos autonómicos. Lan honek hizkuntza-politikaren konstituzionaltasun-kanonak
jurisprudentzian izan duen aldaketa aztertzen du. Hizkuntza-legeriaren konstituzionaltasunaren
ardatza aldatuz joan da, ofizialtasun bikoitzaren bermetik hizkuntza
ofizialen arteko oreka saihestezinera bitartean. Gaur egun, hizkuntza arloan legegilearen
muga ez da soilik hizkuntza aukeratzeko eskubidearen bermea, baizik eta
araudi-tratamenduan nagusi izan behar duen «oreka» ideia. Honek botere publiko
eskudunen ahalmena mugatzen du, hizkuntza politikaren esparrua txikitzen baitu. he work analyzes the variation of the parameter of constitutionality
of linguistic policy in case law, which has moved the axis of the constitutionality of
linguistic legislation from the «guarantee of the two official languages regime» to
the «inexcusable balance» between the official languages at the time of defining
it. Legislative availability does no longer finds its limit only in the guarantee of
the right of choice of language, but in an idea of "balance" that must govern the
regultaroy treatment, encumbering the availability of public powers over the matter.
This means breaking into the scope of the definition of language policy, whose
design, implementation and enforcement corresponds to the autonomous public
powers.
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Mucciarelli, Federico M. "E pluribus unum? Language diversity and the harmonization of company law in the European Union." Maastricht Journal of European and Comparative Law 26, no. 5 (October 2019): 669–90. http://dx.doi.org/10.1177/1023263x19871023.
Full textAbstract:
This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.