Review Essay: Anne Wagner: "Jean-Claude Gémar: The Pioneer and Vanguard of Jurilinguistics," in the International Journal of Legal Discourse.

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I am delighted to pass along the announcement of the publication by the marvelous Anne Wagner of her review essay (2024) titled, "Jean-Claude Gémar: The Pioneer and Vanguard of Jurilinguistics," in the International Journal of Legal Discourse. This work celebrates Gémar's foundational contributions to jurilinguistics, recognizing his pivotal role in shaping this field and advancing our understanding of the complexities involved in legal translation across different legal traditions:

It may be accessed here: Wagner, Anne. "Jean-Claude Gémar: the pioneer and vanguard of jurilinguistics" International Journal of Legal Discourse, 2024. Jean-Claude gémar: the pioneer and vanguard of jurilinguistics.

A taste from teh beginning of the review essay follows below.

 

Book Review

 

Jean-Claude Gémar: The Pioneer and Vanguard of Jurilinguistics

 

Reviewed byAnne Wagner, Équipe René Demogue, ULR 4487–CRDP–Centre de recherche Droits etperspectives du droit, University of Lille, Lille, France, E-mail: valwagnerfr@yahoo.com. https://orcid.org/0000-0001-6362-9023

https://doi.org/10.1515/ijld-2024-2019

 

Jean-Claude Gémar’s work, particularly as exemplified in La quête de l’expression optimale du droit: Le langage du droit à l’épreuve du texte (Gémar 2023b), offers an intricate and comprehensive exploration of jurilinguistics–afield that he has played a pivotal role in shaping. Gémar describes jurilinguistics as.

 

“an autonomous, multifaceted, and relatively discreet discipline that operates in the refined circles of legal scholarship. Its development, driven by globalization, has nevertheless expanded to all levels and sectors, both public and private, at regional (Canadian provinces, Swiss cantons,etc.), national (South Africa, Australia, Belgium, Cameroon, Canada, Spain, Switzerland, etc.),and international levels (ICJ, ICC, UN, EU, etc.)”(Wagner and Gémar 2015).

 

This characterization highlights both the complexity and the wide-reaching impact of  jurilinguistics, establishing it as a crucial aspect of legal studies. Gémar’s exploration of legal translation extends beyond the technicalities of language transfer; he delves into the philosophical and cultural implications of translating legal concepts. He asserts that.

 

“translability aims at comprehension, whereas encounters between cultures or interactions between levels of culture involve either assimilation or appropriation by making inroads intoone another, trying to get out of a different culture or the different intra-cultural levels thatseem attractive, useful, or is combated and suppressed for whatever reasons”(Wagner and Gémar 2013: 732).

 

This perspective underscores the dynamic and sometimes contentious nature of legal translation, where the goal is not merely to replicate words but to mediate between different cultural and legal worlds.

 

One of the significant challenges Gémar discusses is the translation of legal texts between Common Law and Civil Law systems–what he refers to as “an odd couple” due to their fundamentally different legal languages and styles (Gémar 2016). In English, the legal language is typically concise and direct, reflecting the pragmatic nature of Common Law. In contrast, French legal texts, rooted in Civil Law, tend to be more elaborate, with a style that reflects broader legal principles and theoretical considerations.