I recently
participated in an international conference at the University of Haifa entitled
Legal Language and Discourse 6.
For four days, experts in wide variety of fields with a wider variety of
perspectives discussed a seemingly simply issue: what does a word mean? The answers to that question are far from
academic and have had a major impact on people’s lives.
For example,
Prof. Lawrence Solan brought up the tricky issues of whether the qualifier using
a weapon in a drug offense includes exchanging drugs for arms and carrying
a weapon includes it being in a car. The answer is yes for both cases
according to the Supreme Court. In a Jewish context, there were opposing view
between Prof. Berachayahu Lifschitz and Mr. Moshe Ovedia whether Jewish rules
of life should be based on the words or spirit of the written text of the bible. In other words, what does the prohibition on
spitting on Shabbat have to do with a day of rest?
The conference
was enriched by a plethora of Chinese speakers providing their own point of
view on both Western and Chinese law. It was intriguing to Chinese judges
construe the meaning of the facts. According to Professor Le Cheng, the issue
of pornography is reflected by how the judge chooses to describe the photograph
of an apparently naked body artist. Prof. Zhang Luping discussed the term hearsay,
noting that the statement “she said that she was the Pope” is admissible in
reference to the mental state of the speaker.
Many lecturers discussed
the role of the English language in the law. Of special interest was the speech
of Prof. Halina Sierocka. She presented the challenges and success of the legal
English program at the University of Bialystok. Given the importance of English
as a lingua franca in international law, she highlighted the uneven but
significant progress in Poland in terms of mastering legal English as well as
the issue of bilingual legal studies. On the same note, Prof. Powell, who
teaches law in several countries in Asia, provided a detailed survey of legal
English in Asia, noting the practical implications of using English in each
country. A group of Polish speakers, participants in an ongoing project to
create a comprehensive international data base of law language, outlined the
initial steps already taken in this direction.
One of the
strangest themes, albeit unintentional, was that a word sometimes means, as
Alice says, exactly what I intend it to mean. According to Prof. Dennis Kurzon,
Henry VI interpreted the term malice to mean doing anything he
disapproves of. Likewise, as explained by Xin Wang, there is very little
domestic violence crime in the People’s Republic of China but there are problems
of unacceptable behavior.
I have only
mentioned a few of the lectures and apologize to those who I left out. With all
this discussion of words and their meaning, I must add that the words exchanged
by the participants during the breaks, meals and trips enriched the meaning of
international communication, appreciation of cultural diversity and recognition
of universality. For that in particular, I wish to thank Prof. Sol
Azuelos-Atias for organizing the conference.
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