Language, culture, legal traditions and international criminal justice

Bohlander, Michael

Abstract

Our view of the world is to a large degree a function of our own language and culture. English has become the lingua franca in international legal academic and practical dialogue, and there is a related concern that English — or its direct descendant, Anglo-American — intellectual and legal culture has drawn a thick veneer over the canvas of international criminal law as well. The differences in linguistic and cultural influence need attention as they are a primary determinant of the dialogue that constitutes international justice, not merely in form but possibly also in substance. The conversation, even in the lingua franca, does not seem to happen with the same intensity from all sides to the exchange, because in addition to the question of ability to engage there seems to be a difference in willingness or interest based not merely on lack of language command, but possibly also on cultural aversion. The main systemic divide in the conversations in international criminal law still lies in the dichotomy between common and civil law, and coinciding with that, between a practical/pragmatic approach on the one hand, and a doctrinal/principled attitude on the other. This article attempts to elaborate on some of the conceptual and cultural differences beyond the superficial labels often used in the discussion, such as ‘adversarial v. inquisitorial’, ‘statute v. judge-made law’ etc., as they may impact on the creation of international criminal law.

Citation

Bohlander, M. (2014). Language, culture, legal traditions and international criminal justice. Journal of International Criminal Justice, 12(3), 491-513. https://doi.org/10.1093/jicj/mqu034

• Journal Article Type: Article
• Acceptance Date: May 8, 2014
• Online Publication Date: Jun 12, 2014
• Publication Date: Jul 1, 2014
• Deposit Date: Feb 17, 2014
• Publicly Available Date: Jun 12, 2016
• Journal: Journal of International Criminal Justice
• Print ISSN: 1478-1387
• Electronic ISSN: 1478-1395
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 12
• Issue: 3
• Pages: 491-513
• DOI: https://doi.org/10.1093/jicj/mqu034
• Public URL: https://durham-repository.worktribe.com/output/1468725