Supreme difficulty

One of the main pleasures of legal translation is the story. Specifically, because there is a dispute, each side argues its point of view. This discussion is often fascinating and illuminating. Of course, the peak of such argumentation involves decisions of the Supreme Court.  Since I translate from Hebrew into English, I have learned the discretion can be better part of valor when it comes to taking on translation of Israeli Supreme Court decisions.

As compared to the structure of the American legal system, the Israeli Supreme Court is much more active and controversial. The reason is that a petitioner can access the high court in two manners. The court serves a court of last appeal, as in the United States. In addition, any citizen whose rights may be in danger of being breached may directly petition the Israeli Supreme Court to request a court order, which must hear the case, unlike in the United States. This is someone similar to the American process of filing a request for a restraining order in a state or federal district court. However, the Supreme Court has more freedom and thus can issue new interpretations of the law. Since these “emergency” situations generally involve complicated situations, such as immigration or destruction of property, the results of these appeals are of interest to both the legal and general community.  To give an example, if Benjamin Netanyahu succeeds in forming a government after the March elections, the Supreme Court undoubtedly will undoubtedly have to decide whether a prime minister, as compared to a minister, under indictment can legally serve, an issue regarding which current Israeli law is silent. Therefore, decisions of the Israeli Supreme Court are almost always relevant and controversial.

The justices must be extremely erudite. As a crossroads of multiple cultures and regimes, Israeli law is strange mélange of legal principles. In the United States in the states of Louisiana and Hawaii, certain matters actually follow the principles of Napoleonic and native law, respectively. In Israel, the situation is much more complex. Modern Israeli law, enacted since 1948, governs many but not all matters and is often vague or incomplete, whether intentionally or unintentionally. The regulations applying these laws sometimes take years to enter the books, complicating the issues even more.  The British ruled the territory from 1918 to 1948 and established many basic laws, some of which have not been replaced. The Ottomans ruled the region from 1517 to 1917 and had a complete set of laws. Unfortunately, the Turkish rules still have a strong influence on the procedures of land ownership. Even more relevant, religious laws still regulate marriage and divorce (but not custody) to the point of the existence of a separate special religious court system for Jews, Christians and Muslims, all applying ancient law. If none of these sources are clear, judges can refer to either modern American law, which does have a strong influence on legal reasoning, or, paradoxically, ancient Jewish law. To explain, the Halacha and Talmud, to name just the main sources, are interpretations of the Bible, similar to the body of interpretations on the Universal Commercial Code (UCC) in the United States.  Any decision supported by reasoning from these deeply respected sources has great weight. So, Israeli judges must have broad knowledge, way beyond current Israel laws and regulations.

Adding to the fun of reading and translating the decisions of the Israeli Supreme Court is the sheer number of languages that must be taken into account. Israeli law is in Hebrew. The application of the British colonial laws requires solid knowledge of English. Furthermore, many terms in Turkish law still are used in Israeli law, such as tabu, meaning registered ownership of land. Applying Islamic law requires knowledge of Arabic while Talmudic law requires understanding of Aramaic, an ancient language related to Hebrew. As American and British law traditionally use Latin terms to render the language fancier, judges must also be thoroughly familiar with that language. So, the learned judges of the Israeli Supreme Court must have thorough knowledge of Hebrew, English, Turkish, Aramaic, Latin and even sometime Arabic legal language.  It should be noted that many do not hesitate to demonstrate this mastery in their decisions.

Thus, the intrepid translator, facing some 200 pages or more of legal arguments from this huge corpus of sources, has to understand and transmit their meaning into English. For this reason, I have the greatest respect for those that successfully and artfully translate Israeli Supreme Court decisions into English.  I personally will only translate decisions up to the appeals court level and leave the Supreme Court decisions to the supremely talented and knowledgeable few who can properly handle them.

The Wisdom of our Fathers

Happily, I am not writing an obituary.  I have just returned from visiting my father, who is recovering from a fall that led to a hip replacement and a stroke.  In March, he will turn 95 years old. I spent much time with him at the rehab center. As I sadly left the center to return to Israel, he strongly informed me that he had many birthdays in front of him and not to worry. Whether this is true, neither he nor I can know for certain but optimism is the key for most successes in life, including living.

My father is not a great talker but expresses himself through action. Considering his business success, his life journey provides keys for success for any entrepreneur that wants to make it. He began as a journalist at the AP, where he learned how to write well and under pressure, an important basic skill.  He did his underpaid and overworked apprenticeship in public financial relations (preparing quarterly and annual reports and investor relations) with a large firm in New York, learning the trade. Before he struck out on his own, he had mastered the basics of the business.

Armed with this knowledge, optimism and a small nest egg, he set for Los Angeles and set up his own company. The market was ideal as Los Angeles was an affordable, growing city at the time.  Moreover, he carefully chose his clients, looking for solid reputations, intelligent management and long-term perspective and avoiding well-paying but notorious companies. He was careful in his promises and but gained a reputation for honesty and efficacy, which led to more customers. Ultimately, he created the largest private Financial PR company in the West Coast. Careful consideration and planning made that possible.

Yet, money was not the only factor motivating his actions.  Offered the opportunity to also manage another office in Chicago, he declined it because he did not want to spend half a week away from his family.  As he grew older, he retired gradually, initially selling his shares to this partner but keeping an office, followed by renting an office in a building near his home, until he eventually withdrew from the whole business.  However, the knowledge and skills he attained have helped him remain an astute investor, always looking at the management and industry and checking the numbers very carefully.  Many a pension fund manager would envy his results. More importantly, managing his portfolio has given him a reason to get up in the morning and raison d’etre for being even as he became handicapped physically. As in sports, it is as important to know how to retire as is it to start the career. Family and personal happiness are of no less importance than income.

In short, an entrepreneur must apply preparation, careful action and long-term planning to achieve success, then and now.  I cannot say that I did so nor did I understand or even appreciate his success.  Alas, it is often too late until we appreciate the wisdom of our fathers.

Home away from home

Part of the adventure of traveling is the sleeping in a strange room. Despite all the picture and reviews available online, a person never knows what is awaiting behind door number 1, 2 or 3. Unless people stay a hotel chain, which tends to have a series of uniform designs and mattresses worldwide, the surprise can be pleasant or unpleasant. Linguistically, what complicates the choice for an evening’s stay is the sheer number of words describing a stop for a weary traveler.

There are some fairly standard terms.  A hotel is a generally a multistory building with a reception and lobby leading to the elevators that take guests to the room. Based on the star rating of the hotel for that country, it is possible to predict the number of amenities and size of towels.  It is always worth knowing in advance whether parking and WIFI are free.  For some reasons, additional fees for those annoy me somehow. By contrast, motels are generally no more than three floors and spread out. The reception desk is at the entrance to the complex such that a person does not have to actually walk through it to get to the room, an advantage in certain cases.  In fact, “notel motels” date from the time when hotels asked whether the registering couple was married. In cities, there are often inns, which are often made of brick and are located in ideal locations but have small rooms, unless they are country inns. In some tourist places, there are boarding rooms, ideal for the budget conscious traveler that only needs a room for the night. At best, the furniture isn’t fancy, even often a bit old-fashioned with quaint pictures on the wall, but what difference does it make when your eyes are closed? With these types, travelers have some idea what they are getting.

Some travel lodging is more specialized. A motor court is for travelers on the road and generally is characterized by low prices, simple rooms and plenty of parking.  When traveling away from the city, similar family-owned lodgings are called road houses and almost always have a full bar to help wind down from the driving and help you ignore the lack of maneuvering space in the room. In some places, more spacious and luxurious lodges are an option, evoking memories of English or Russian hunting parties.  Generally made out of wood and spread out, they offer a more luxurious night of sleep. By contrast, a youth hostel is for the budget conscious. The actual conditions vary from place to place but weary travelers receive a bed to lay their weary heads on, albeit often not in a private room. On the other hand, it is a nice place to meet fellow travelers of the tourist kind. For a family or couple, a private guest house is often a unique way to experience local architecture and furnishing. Generally, they are clean and less expensive than hotels and clearly not generic. Today’s hit is the bread and breakfast (B&B), even if breakfast is not always included in the price as I just discovered. The variation in conditions is no less than that of the price. Still, you can truly mix with the locals this way but, on the other hand, having sex is less practical. Nothing is perfect.

For those who have the money and desire, luxury options abound. All hotels offer suites of various sizes. For the (much) higher price of a suite, the visitor gets a separate living adjacent to the one or better bedrooms. It feels just like home, except that there is no need to do laundry or clean. For a higher level of privacy as hotel walls can be a bit thin, vacation flats, either as part of a hotel or actual flats themselves, are an ideal alternative as they offer all the comfort of home without the cleaning or maintenance and allow people to prepare meals or eat without going out. Depending on the price and location, their price can be quite competitive as compared to hotels of similar standards. Of course, some people consider the words cooking and vacation oxymorons. Chacun à son gout. For larger families that don’t want to share either the inside or outside space with strangers, vacation villas are available. It is unclear how many square meters turn a house into a villa but, still, there is something to be said for the privilege of making as much noise or wearing as little clothes as you want because, after all, you are on vacation. None of these options are cheap but, nonetheless, if you got it, you might as well as enjoy it.

Each person has a different perspective on travel lodgings. I have stayed at most of the above and reached the conclusion that I only care about three matters. First, the mattress must be comfortable. Unfortunately, I have found no correlation between price and back comfort. Secondly, I don’t sleep well hearing sirens all night, referring to the emergency vehicles, not those tempting women on the rocks. Alas, in some cities, all rooms seem to face a busy street. Finally, the room must be non-claustrophic.  To quote my mother, if you have to leave the room to change your mind, there is a problem. To clarify, sleeping in an oversized room does not improve the quality of the sleep but still there is an acceptable range to the number of steps from the bed to the bathroom. So, whatever a person’s style, budget and location, there is a comfortable home away from home whatever it is called.

Why (and Z Generation) English

The changes in the geopolitical map since the beginning of the 21^st century have not changed the fact that English is the lingua franca of the world. English continues to serve as the primary international language of communication. What is interesting is that of the 7.5 billion people that speak English in the world, some 20% of the total population, only 360 million speak it as native language. Therefore, the primary learners of English are people living outside the Anglo-Saxon world.

While the need for English has not changed, its purpose has changed radically. Once, the motivation for learning English was to be to travel to England and the United States and order something on the menu or talk with tourists. Only the elite few required better English to conduct business or give lectures in these countries. Today, the economy is global and requires even the smallest business people, such as an E-bay supplier, to work with people all over the world. To do so, they must communicate in English. This requirement is so vital that English is the language of communication within countries and companies whose native language is not English even if that language is a major language. For example, many German multinationals function in English while Israeli high tech-tech companies often write all their first drafts of technical material in English.

On a wider front, consumers in Europe or Asia that do not understand advanced English may find it difficult to understand vital explanations or even realize what they are buying or read the name of the store. Companies assume that buyers can read English. On the more controversial level, an increasing number of ordinary people worldwide find it natural to speak English to each other even though they are native speakers of same non-English language. Chatting in English is often considered more sophisticated. On a linguistic front for some, English words are flooding other languages and “wiping out native species”. For example, Israeli chefs love saying crispy instead of the Hebrew word פריך [parich]. Woe to the television viewer or parent that does not English.

The education systems, as usual, are generations behind.  Nomenclature in teaching English has included English as Foreign Language (EFL), English as a Second Language (ESL) and English for Academic Purposes (EAP), to name just a few. Even the latter is no longer sufficient as non-native speakers also require English for business purposes to be able to integrate into and profit from the global economy. Alas, most programs and books seem to focus on visiting London and New York and enjoying the tourist sites. The new European CEFR, a series of can-do statements for various levels of English, does provide a transitional tool but fails to define the dominant context of the English use. Furthermore, the European love of precision and accuracy ignore the fact that non-native speakers need to be able to express their ideas clearly and concisely above all, i.e., grammar is much less important than fluency and accuracy. The sad fact is that too many learners must invest significant amounts of their own money to attain their required level of English.  Worldwide, the schools are failing in the task of properly preparing them for the 21^st century.

The X, Y and Z of the situation is that all generations worldwide require advanced English to fully function in the global economy and even understand simple conversations in their own country. “The Queen lives in Buckingham Palace” may still be interesting but is no longer sufficient.