Conference / Colloque
Words and Law: Language, Identity and Power
28-29 April 2014
- Boudewijn Sirks (All Souls, Oxford)
- Nader Hakim (Bordeaux)
- Soazick Kerneis (Paris Ouest-MFO)
Law is of course a language. Legal terms do have a specific meaning and we know that lawyers are very proud of that, but the frame of this legal terminology is also helpful in revealing a part of the legal mind. First, the legal terminology builds a sort of wall which shapes the identity of the law. But there is much to say about the different steps of the building of that wall. How did the lawyers choose the words among all the vocabulary; why did they prefer certain words? Why do some of them belong to the very ancient past and have others been invented? Whereas certain terms seem to be classic, a new definition can have transformed their significance. All these choices must be explored and the balance of the underlying forces be evaluated.
Different questions can be asked and different periods be investigated, as the legal terminology was first shaped by the Roman jurists, then by the glossators, then by the intellectuals of the Enlightenment. But specific attention will be given on the second part of the 19th century and the beginning of the 20th century, as then at least in France legal language acts as a controversial topic and a determining criterion of legal science. But specific attention should be paid to the issue of the language. Which language for which law? How can we understand that law can have its own language – Law French, Latin -, and how do vernacular languages manage with it? Finally, the ambition of the study-day is to get a comparative view of the growth of legal terminology. It is usual to point out the differences between civil law and common law. But if legal words are different, can the ways of constructing the legal terminology be compared?
Monday 28th April 2014
- 9h (am)-9h30. - Welcome Boudewijn Sirks (All Souls College) and Introduction, Nader Hakim (Université Bordeaux)
Chair: Philippe Roussin (Maison Française d’Oxford)
- 9h30-10h. - Jean-Christophe Gaven (Université Toulouse I), Discours juridique et primauté politique en 1789.
- 10h-10h30. - Anne Simonin (Maison Française d’Oxford), Justine (1791) or the Romance of the Law of the Old Regime.
Chair: Fernanda Pirié (St Cross College)
- 10h45-11h15. - Paul Brand (All Souls college, Oxford), The technical vocabulary of English thirteenth century law.
- 11h15-11h45. - Paul Hyams (Cornell University), Conversation and the Common Law in the French of 12th-Century England.
- 11h45-12h15. - Matt Dyson (Trinity College, Cambridge), Terms of art: conditioning of lawyer, Latinist and layman in the last two centuries.
Chair: Mike Macnair (St Hugh’s College)
- 14h-14h30. - Guillaume Tusseau (Science-Po Paris), Bentham v. Judges and Co.: towards a linguistic criticism of legal hegemony.
- 14h30-15h. - Philip Schofield (University College London): Bentham’s ‘Jeremy Bentham and the Language of Universal Jurisprudence’.
Chair Paul Brand (All Souls College)
- 15h30-16h. - Soazick Kerneis (Maison Française d’Oxford): Law and Language in the Popular Legal Sources (2nd-4th century AD).
- 16h-16h30. - Thomas Charles-Edwards (Jesus College): The Languages of law in early-medieval Ireland: Irish and Latin?
- 16h30-17h. - Boudewijn Sirks (All Souls College): The effect of philosophy on legal language: different experience of identity or just a different expression?
Tuesday 29th April
Chair: Nader Hakim (Université Bordeaux)
- 8h45-9h15. - Matthieu Soula (Université Bordeaux): Redefining the concept of Complicity in the French Criminal Science during the XIXth century.
- 9h15-9h45. - Pierre-Nicolas Barénot (Université Bordeaux): Comparative views of French and English legal lexicography in the XIXth century.
Chair Boudewijn Sirks (All Souls College)
- 10h15-10h45. - Mike Macnair (St Hugh’s College): Technical aspects and effects of the Acts of 1650 and 1731 for English in legal proceedings, and their social meanings.
- 10h45-11h15. - Yann-Arzel Durelle-Marc (Université de Paris XIII): Lingua nova? Legislator’s words for a new Order, 1789-1794.
- 11h15-11h45. - Olivier Jouanjan (Université de Strasbourg), La texture du droit ou le droit comme travail de textes.
- 11h45-12h15. - Closure Boudewijn Sirks.
- All Souls College, Wharton Room
- Maison française d'Oxford: http://www.mfo.ac.uk/fr - 2-10 Norham Road, Oxford, OX2 6SE - (01865) 274 220 - Fax (01865) 274 225 - firstname.lastname@example.org
- All Souls College, Oxford, UK: http://www.all-souls.ox.ac.uk
- Centre aquitain d'Histoire du Droit (CAHD, EA 503, Université de Bordeaux): http://cahd-2.u-bordeaux4.fr