Chapter

Cultural Constraints on Arbitration Discourse

Maurizio Gotti

in Legal Discourse across Cultures and Systems

Published by Hong Kong University Press

Published in print January 2008 | ISBN: 9789622098510
Published online September 2011 | e-ISBN: 9789882207141 | DOI: http://dx.doi.org/10.5790/hongkong/9789622098510.003.0011
Cultural Constraints on Arbitration Discourse

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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

Chapter.  11990 words. 

Subjects: Sociolinguistics

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