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dc.contributor.authorÖner, Senemen_US
dc.contributor.authorKaradağ, Ays¸e Banuen_US
dc.date.accessioned2017-07-11T10:59:57Z
dc.date.available2017-07-11T10:59:57Z
dc.date.issued2016
dc.identifier.citationÖner, S., Karadağ, A. B. (2016). Lawmaking through translation: ‘translating’ crimes and punishments. Perspectives: Studies in Translatology. 24.2, 319-338.en_US
dc.identifier.issn0907-676X
dc.identifier.urihttps://hdl.handle.net/20.500.12294/846
dc.identifier.urihttp://dx.doi.org/10.1080/0907676X.2015.1105829
dc.descriptionÖner, Senem (Arel Author)en_US
dc.description.abstractThis article examines the role translation played in the encounter between legal systems through the examination of the Ottoman Penal Code (1858), which was drafted using the French Penal Code (1810) as the source. The results obtained through the comparative textual analysis of the codes in Ottoman Turkish and French are discussed with respect to the historical/legal circumstances pertinent to the Ottoman modernization/westernization in the Tanzimat (Reorganization) Period. Adherence to the source text norms observed in the translation of the articles on ‘crimes against the state and their punishment’ is argued to reflect the role the Ottoman Code was expected to play in the modernization of the Ottoman Empire. Adherence to the target culture/system norms observed in the translation of the articles on ‘crimes against individuals and their punishment’ is argued to reflect the ongoing power of the then-existing Islamic Ottoman penal law system. It is also claimed that the Ottoman Code belonged to the ‘translated law’ system in the Ottoman-Turkish ‘legal polysystem’. Re-thinking the original-translation binary opposition in the context of the Ottoman Code, it is suggested that the Ottoman Code was a translation which was not produced to be presented/perceived as a translation but so as to entertain the status of an original code in the target system where the translated code was the law itself and had legal binding power. Thus the Ottoman Code functioned both as original and as translation and no power relationship existed between the Ottoman Code and the French Code in terms of their statuses in their respective systems/for their respective audience. Consequent to the observed dynamics of the case in question, in the study lawmaking through translation has been suggested as an alternative term to ‘legal translation’ to explain the specific relationship between making a law and translation where the latter is used as an instrument for the former.en_US
dc.language.isoengen_US
dc.publisherTaylor & Francisen_US
dc.rightsinfo:eu-repo/semantics/closedAccessen_US
dc.subjectLawmaking Through Translationen_US
dc.subjectTranslated Lawen_US
dc.subjectLegal Polysystemen_US
dc.subjectOriginal/Translation Binarismen_US
dc.subjectTranslation Historyen_US
dc.subjectLaw Historyen_US
dc.subjectLegal Encounteren_US
dc.titleLawmaking through translation: ‘translating’ crimes and punishmentsen_US
dc.typearticleen_US
dc.relation.journalPerspectives: Studies in Translatologyen_US
dc.contributor.departmentİstanbul Arel Üniversitesi, Fen-Edebiyat Fakültesi, Mütercim-Tercümanlık Bölümüen_US
dc.contributor.authorIDTR128160en_US
dc.contributor.authorIDTR173865en_US
dc.identifier.volume24en_US
dc.identifier.issue2en_US
dc.identifier.startpage319en_US
dc.identifier.endpage338en_US
dc.relation.publicationcategoryMakale - Uluslararası Hakemli Dergi - Kurum Öğretim Elemanıen_US


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