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Legal Discourse across Cultures and Systems$
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Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

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Cultural Constraints on Arbitration Discourse

Cultural Constraints on Arbitration Discourse

Chapter:
(p.221) 11 Cultural Constraints on Arbitration Discourse
Source:
Legal Discourse across Cultures and Systems
Author(s):

Maurizio Gotti

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622098510.003.0011

Based on the analysis of arbitration laws from different countries, this chapter points out textual, conceptual, and stylistic discrepancies that arise in the process of establishing closer harmonization in legal normative discourse at a global level. It argues that harmonization becomes particularly difficult when “model” texts have to be adopted in various contexts. Such contexts give rise to interesting differentiations in the resulting texts that can be attributed not only to the languages in which the final texts are expressed, but also to the different cultural traits and legal traditions of the communities for which they are meant. In particular, one can find significant variations in the specification of information in the various texts, which the chapter claims are due to the differences in socio-cultural expectations and practices that constrain social behavior in local contexts.

Keywords:   arbitration laws, social behavior, harmonization, legal discourse, cultural traits

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