Showing posts with label Urdu. Show all posts
Showing posts with label Urdu. Show all posts

Friday, 6 December 2013

Legal language: 'it's just semantics'

I read this utterly depressing article about the legal problems of rape cases in India. (Note that I'm not passing judgement on any particular country being better or worse than any other in this regard - I'm not a lawyer. But this is in the news, and it made me think.) It describes, among other things, the fact that some sexual assault crimes are described using very out-dated terms: 
A non-penetrative sexual act is still described as "outraging the modesty of a woman" - a relic of a penal code written by the British in 1860.
"Because of the language, it has often led to judgments where courts have held that a woman did not have 'modesty' which could be outraged," says law professor, Mrinal Satish.
"Such judgments are few and far between nowadays, but the continuance of the archaic language is itself problematic."
Language has become very important here: an old-fashioned term is allowing defendants to get away with serious crimes. Sometimes, I think that as long as people agree on what a word means, that's what it means, and we ought not to get hung up on it. But here it's having a serious effect on real life and has consequences. If ever there was one, this is an argument for prescribing language. (I've written about other instances before.)

It reminded me of this LanguageLog post from last month. In it, they discussed a claim made in The Economist:
In Urdu there is no word for rape. The closest direct translation is "looting my honour". 
LanguageLog and its commenters swiftly demolished this 'no word for X' claim, just as they have done many times before. It's complicated, but if everyone knows and agrees that a particular word means rape, then there is a word for rape. Take English, for instance. The word comes from the Latin word rapere, or 'seize', 'carry off', etc. But no trial is going to turn on whether an accused rapist actually carried their victim off somewhere - all speakers of English agree that the word means something very different from its original 'literal' meaning (and it already had the 'modern' meaning in Latin, by the way). From what the knowledgeable commenters on LanguageLog say, the situation in Urdu is similar:
The legal term is "zina bi'l-jabr" (aggravated fornication), and everyone who speaks Urdu knows what it means. 
The difference in (some parts of) India seems to be that some judges accept the specious 'literal meaning' argument. People who think that saying 'it's just semantics' implies that the question is unimportant are wrong. 

Thursday, 22 September 2011

Words I have learnt

I always learn some new vocabulary when I'm at LAGB. Sometimes from the language tutorial (every year there's an in-depth look at an unfamiliar language), sometimes just from examples in the papers. Last year, for instance, I learnt that Swahili for lion is simba, presumably where the lovable yet headstrong (and somewhat dim) character in The Lion King gets his name.

This year I learnt that Turkish for man is adam. It's also the same in Hebrew, I think, as the name of Adam (the Biblical one) is supposed to be from Hebrew. People seem to disagree over what it means though - it also means red, like the earth (which Adam was supposedly made from). However, this new word is not surprising, only mildly interesting.

I also learnt the Tundra Nenets word for bread, which is na'an. Tundra Nenets is a Samoyedic Uralic language spoken in Russia. We get the word naan from Urdu (or Persian, according to the OED), which is a whole lot different from Nenets. I don't think there's been a lot of contact between northern Russian peoples and Urdu speakers, so what the heck is going on here? Could it be just coincidence?