LA COMMON LAW EN FRANCAIS

Authors

  • J ACLARENCE SMITH

Abstract

For more than two centuries common law ideas have been expressed in French translations, in Quebec (in public law), at the federal level, and recently in the provinces of New Brunswick, Ontario and Manitoba. The last fifteen years have seen an evolution of the language of translation in the direction of universal French, an evolution to be seen in matter of style-less English turns of phrase, shortening and division of sentences and in matter of terminology. The terminological evolution is seriously obstructed by the fact that a language modelled slavishly on English has become second nature. The vocabularies published in New Brunswick and in Ontario have not shown much resistance to this encumbered inheritance. A first step towards liberation would be to set forth the equivalents in universal French (which are applicable in ninety-five percent of cases in common law as much as in civil law) side by side with our regionalisms, in the hope of reddening the latters' cheek.

Keywords:

Legal History

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Published

1983-09-01

Issue

Section

Legal Commentary

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