Inbook,

La traducción, ¿contra el monolingüismo ideológico? Poder y lenguas en los procesos judiciales en el Estado español

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page 17–53. Comares, Granada, (2023)

Abstract

This chapter explores the role of translation and interpretation as tools either challenging or consolidating ideological monolingualism. It scrutinizes the configuration of the nation-state as an imperial hegemonic project embodying an oppressive conception of political dominance over diverse linguistic communities. Subsequently, the evolution of international safeguards for non-dominant linguistic communities within modern states is examined, shedding light on the marginalization of the pivotal notion of power in shaping the prospects of languages and their respective communities. To foreground this issue, the conceptual framework of oppression by Iris Marion Young (1990) is employed to analyze judicial language practices, particularly within the context of the Spanish state. This analysis aims to discern the position assigned to linguistically subsumed communities within an ostensibly homogeneous framework. The chapter observes how judicial systems instrumentalize translation and interpretation to perpetuate the oppression of linguistically rooted communities, both longstanding and recently established, despite international efforts to ensure the right to a fair trial. The translation policies, reflective of oppressive structures, are found to extend to recently arrived communities, illustrating the persistence of linguistic oppression even in the face of global initiatives promoting equitable legal proceedings.

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