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Practical Challenges in Customary Law Translation

The Case of Rwandaís Gacaca Law

The Rwandan justice system know as Gacaca, originally preserved by word of mouth was revived, documented, tested and used successfully to handle millions of legal cases in the aftermath of the Rwandan genocide against the Tutsi. This monograph begins by depicting the general picture of customary law and ponders on the practical challenges in the production of the modern Gacaca law in three versions: Kinyarwanda, French and English. The author demonstrates that translation involves language use and transfer, as well as communication within a cultural setting. The book amply demonstrates that linguistic, textual, contextual and cultural cues in translation should not be downplayed. It also shows that the cultural turn in translation has transformed and re-conceptualised the translation theory to integrate non-western thought about translation discipline since time immemorial. A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.

A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.