University of Bern Establishes Italian Legal Language Institute

The University of Bern has launched a new institute dedicated to Italian legal language. This center aims to strengthen the position of Italian in legal contexts within Switzerland and Europe. Professor Iole Fargnoli, founder and director, highlights Bern's unique suitability for this initiative, emphasizing the city's role as a federal capital and a hub for practical legal linguistic work.

New Institute Addresses Linguistic Gaps in Swiss Law

The Istituto di italiano giuridico (Institute of Italian Legal Language) at the University of Bern is a pioneering academic center. It focuses on promoting and researching the Italian legal language. This initiative represents the first university-level institution of its kind, not only in Switzerland but also across Europe.

Professor Iole Fargnoli, a faculty member in Bern's Law School, spearheaded the institute's creation. She observed a decreasing use of Italian in legal settings. This trend occurs despite Italian holding the same constitutional status as German and French in Switzerland. Fargnoli also noted challenges faced by Italian-speaking students at the University of Bern. These students often struggle with German legal terms and concepts that lack direct translations, especially early in their studies.

"Without language, there is no law. That is why it is so important to research legal language precisely, as a foundation." – Iole Fargnoli

The Importance of Legal Language Research

When asked about the necessity of such an institute, Professor Fargnoli explained the fundamental connection between law and language. She stated that law is essential for a functioning society, organizing communal life. Language, in turn, is the primary tool of law.

Lawyers depend on words to perform their work. Therefore, understanding these words is crucial. Legal language is distinct from everyday speech. It often appears dry or inaccessible to non-lawyers. However, Fargnoli emphasized that it is a specialized language with its own style and necessary qualities.

While other disciplines, such as medicine, also use specialized language, the link between language and law is much stronger. Fargnoli asserted that without language, law cannot exist. This makes the precise study of legal language fundamental to understanding the law itself.

Bern: An Ideal Location for the Institute

The choice of Bern as the institute's location might seem unusual to some. Bern has a strong connection to French, and Italian might appear geographically distant. Some might suggest the Università della Svizzera italiana (USI) or even an Italian university as more obvious choices.

However, Professor Fargnoli strongly believes Bern is the ideal place. As the federal capital, Bern is uniquely suited for such an institute. The Canton of Bern itself embodies the multilingualism that is fundamental to Swiss identity and legal understanding. Beyond symbolic meaning, Bern is where significant practical legal linguistic work takes place daily.

"In Bern, a lot of concrete legal linguistic work is done, around the Federal Palace, in executive and legislative everyday life." – Iole Fargnoli

Navigating Multilingualism in Swiss Law

The multilingual nature of Swiss law is complex. While laws and court judgments are translated into all official languages, a translation is never an exact equivalent. It always involves interpretation. This principle applies not only to literary works but also to legal texts.

In Switzerland, a law exists in three official versions, each equally valid. Court judgments are also drafted in different languages depending on the canton and the court. For example, the Federal Criminal Court in Bellinzona publishes its judgments in Italian.

Ideally, judges and legal professionals should understand all three official languages to grasp the details of a judgment in its original form. Relying solely on translations can be problematic, especially for complex legal matters. However, practical application often depends on the language skills of individual judges and lawyers.

Institute Projects and Roman Law's Enduring Relevance

Beyond raising awareness about linguistic aspects of law, the institute has several specific projects. Its primary goal is to build functional interfaces between legal and linguistic sciences. It aims to foster a network with institutions both domestically and internationally. The institute will also investigate the unique characteristics of Swiss Italian legal language and its historical evolution.

Professor Fargnoli is an expert in Roman law, which forms the basis of private law. She emphasizes that Roman law is not merely a historical interest. It continues to strongly influence modern private law, making it an important area of ongoing research. Furthermore, studying current Roman law research often requires proficiency in Italian, as many specialized publications are in this language.

• Establish interfaces between legal and linguistic sciences.
• Cultivate a network with national and international institutions.
• Examine the unique features of Swiss Italian legal language.
• Explore the historical development of Italian legal language.

Evolution of Legal Language and Future Challenges

Legal language, like law itself, is dynamic. It evolves over time, although some terms, like "Treu und Glauben" (good faith), persist. The influence of Swiss multilingualism on the development of legal language is also a fascinating area of study. Compared to neighboring countries, Swiss legal language shows a tendency towards simplicity, possibly to accommodate legal professionals working in different languages.

A crucial aspect of the institute's mission is didactic. It aims to address the gap in legal education at German-speaking universities where Italian-language lectures are often absent. Providing such courses would enhance the training of future legal professionals, especially those planning to work in Italian-speaking regions like Ticino. Offering these programs also makes Bern more attractive to Italian-speaking students.

"Doing everything only in English would be the wrong signal." – Iole Fargnoli

Looking to the future, the rise of artificial intelligence (AI) in translation presents new challenges. While AI tools are common for students and increasingly integrated into research, Fargnoli remains cautious about their specific use in legal matters. Machine translations require review by experts. However, she views the institute as a "laboratory" where engagement with AI will be important and exciting.

Fargnoli stressed that legal judgment, with its reliance on recognizing and working with linguistic nuances, remains a human domain. She anticipates this will continue to be the case in the legal context.

About Iole Fargnoli

Iole Fargnoli is a full professor of Roman Law at the University of Bern and the Università degli Studi di Milano. Her research focuses on Roman law as the foundation of European and non-European legal culture, legal history in late antiquity, and 19th-century scientific history. She is also an adjunct professor at Soochow University and an honorary professor at three Chinese universities: Shaanxi Normal University, Yuncheng University, and China University of Political Science and Law in Shanghai.

About the Institute for Italian Legal Language

The Institute for Italian Legal Language (Istituto di italiano giuridico) at the University of Bern is the first academic center dedicated to the appreciation, promotion, and research of Italian legal language. Given Italian's status as an official Swiss language, normative texts, procedural application texts, and administrative texts are also drafted in Italian. The institute, located in Bern, the seat of the Swiss Federal Assembly and Federal Council, fosters direct dialogue and close collaboration with the Federal Chancellery's Legislation and Language Section and the State Council of the Canton of Ticino.