WIKINDX Resources
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Thesis/Dissertation:
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BibTeX citation key: Basalamah2005a
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Basalamah, S. (2005). De l'archeologie du droit d'auteur a la philosophie du droit de la traduction. Unpublished PhD thesis, Universite de Montreal (Canada).
Added by: kt 2008-05-19 00:56:38
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Abstract
This thesis traces the emergence of "translation rights" and situates this phenomenon in the broader context of translation studies. The research was conducted in two distinct stages, reflected in the structure of the thesis. The first, essentially archaeological, stage establishes the historical and discursive conditions necessary for the emergence of translation-related law. The results presented in this section illustrate how the traditional vision of translation played a critical role in the formation of the legal discourses that contributed to the advent of the author and of authorial rights. The second section of the thesis, more directly concerned with translation and translation-related law, is the logical extension of the archaeological research presented in the first section. Here, a distinction is drawn between "translation rights" and the "right of translation", objects proper to law and translation studies, respectively. The first chapter presents a critical history of 19th- and 20th-century "translation rights", and identifies, from a resolutely international perspective, the turning points in its development. The second chapter reviews legal documents devoted to the protection of the translator's status and formulates fundamental legal principles, compatible with ethical imperatives, that equip translators to resist the cultural and political challenges of contemporary societies. The third and last chapter of this section discusses the emergence coterminous with that of economic globalization of the "right of translation" as an international-law reform movement operating on both political and cultural levels. At a time when the paradigm of modernity appears to have ceded its place to that of postmodernity, translation rights constitutes one possible approach to the development of a school of criticism of new forms of empire. Authorial law, i.e. the regime that comprehensively governs the expression of information (from books to software to audiovisual materials), not plays a central role in postindustrial societies such as ours, which are fundamentally defined by information dynamics, but also has serious repercussions on the educational and cultural development of the most underdeveloped countries and peoples. Translation, the very symbol of communication and bridges between individuals and cultures, has no choice but to reflect on the legal discourses and standards that underpin it. And it must embrace the political, in order to better critique international authorial law and help formulate new concepts to replace the outdated ones upon which that law is based.
Added by: kt
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