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English in the Courtroom & the Classroom

Posted on September 23, 2011 at 7:25 AM

We all know that excellent lawyers are not necessarily excellent writers.  At least when it comes to the English language, they are not world-reknowned for their contributions to its clarity.  I will omit the name of the poor attorney who, after many years of good practice, submitted materials to a U.S. court that were rejected, as he indicates he was quite ill during the time he had to develop the submission.  Still, how can one not love the court's response when it read like this, in part, as reported and quoted by the American Bar Association in their ABA Journal Weekly Newsletter of Sept 23, 2011:

 

"The district court was well within its discretion when it refused to accept [the attorney's] second amended complaint, the appeals court said. “Though the complaint was far longer than it needed to be, prolixity was not its chief deficiency,” according to the appeals court. “Rather, its rampant grammatical, syntactical, and typographical errors contributed to an overall sense of unintelligibility. This was compounded by a vague, confusing, and conclusory articulation of the factual and legal basis for the claims and a general 'kitchen sink' approach to pleading the case.”   

 

How can a teacher of Legal English not love it?  With hopes that I will not offend too greatly, this also sounds quite a bit like the standard operating approach to a college examination in "Business Communications:  Intercultural and Ethical Awareness;"  when it's difficult to figure out what to write, the creative writer certainly comes forth!

The Spirits of the Young

Posted on August 12, 2011 at 11:35 AM

Subject: The recent bombing of Oslo and attack and murder of young people at Utøya

 

Post-tragedy

As families and loved ones say their farewells to those murdered, as the injured continue their difficult recoveries, and as all who were affected in Norway and beyond struggle to come to grips with the implications of what occurred, I took a pen in hand. This is natural for a writer. Everyone has their own way to grieve. And it is noted that the grieving process is especially important, and will vary from person to person.

 

One way I cope in life is by visiting literature I love. When I first saw some of the footage of one of the first memorial services, which took place in the Domkirke, I was drawn to reflect upon a piece of Victorean literature I have always loved, Alfred, Lord Tennyson's The Lady of Shallot. This poem, which is classified as 'fantasy literature,' was inspired by Arthurian legends, and has, itself, inspired many writers, poets and artists since Tennyson penned it.

 

I took my cue from his verses, and have composed a likeness, retaining many of his beautiful images. This likeness is, I think, a suitable tribute to the spirits of the young people who were there that day, both those who died and those who lived. I also mean to embrace those affected in Oslo. With the stories of those affected still coming out, it is, it seems, the miracle of life and love that is continually before us, square and center stage.

 

Should you wish to read it, I hope you like it, and that you find it helpful to you. I would like to formally publish it at some time in the future, and of course, be paid for that effort. I am also open to revising it, and will do that if I think it improves it. For now, I will post it here, in part, so that it can be shared with others who may find comfort, love and peace in reading it now:

 

The Spirits of the Young

 

 

Nearby to Tyrifjorden lie

Long fields of wheat and also rye

That cloak the land and meet the sky.

And near the fjord, a road runs by,

A road that runs to Oslo.

Now up and down the people go,

Gazing where the roses blow,

‘Round an island there below,

Utoya, it is called.

 

Willows whiten, birch trees bow,

Little breezes dusk and plough,

Rippling through the fjord’s cold waters,

By the island’s grass green bowers,

Flowing north of Oslo.

On the island, camps and buildings

Overlook a flowered shrine,

And the morning isle empowers

Dreams and spirits of the young.

 

By the margin, blue ridge-veiled,

Slide heavy trucks and trains,

The commerce of a nation hailed;

Its ships and planes the world has sailed.

They’re driving down to Oslo.

But who hath seen that spirit’s hand?

Or at a window seen them stand?

At Utoya, known throughout the land,

For the spirits of the young?

 

Only reapers, reaping early,

In among the bearded barley

Hear a song that echoes clearly

From the fjord and island, nearly

Down to Oslo.

And by the moon, the reaper, weary,

Piling his sheaves in uplands airy,

Listening, whispers, “’Tis the fairies,

And the spirits of the young.”

 

There, they weave by night and day,

A magic web, all colors gay.

The young have heard a whisper say

A curse is on them if they stay,

And look downward to Oslo.

They know not what that curse may be.

The fairies weave on, steadily.

And little other care have they,

The spirits of the young.

 

Yet, moving through a mirror clear

That hangs before them all the year,

Shadows of the world appear.

There, they see the highway near,

Winding down to Oslo.

There the cold fjord’s eddies swirl,

And there a sleepy village churls,

And the red coats of the market girls

Pass onward in a throng.

 

Sometimes children pass them by,

Or business people, gals and guys,

The elderly, in busses, cars,

A boy holding a girl in his arms –

They all go by to Oslo.

And sometimes through that mirror blue,

The youths themselves ride, two by two.

The fairies watch them as they do,

The spirits of the young.

 

The fairies in their web delight,

And weave the mirror’s magic sights.

Yet often in the silent nights,

A funeral with plumes and lights

Goes by to storied Oslo.

And when the Moon is overhead,

Come two young lovers, lately wed.

“I am so sick of shadows,” said

These spirits of the young.

 

They gathered at the island green

To meet their futures, yet unseen.

Unglimpsed but bright, their social dreams,

On a red shield of labor, streamed

Their banners down to Oslo.

And policies of caring grace

Were balanced against, not race,

But human need, a human face,

A Nation’s needs, that’s all.

In the gray and cloudy weather,

Their leaders shared the purple heather,

Engaging tales of public service,

Fellowship, one flame, together,

Shining down to Oslo.

Participation, love of place,

Growing self-confidence and grace

Engaged them in their meetings, moved

The spirits of the young.

 

Too many shots that tragic day

Rang out from one who made his way

To Utoya - to make a play

Whose actors fall in death away.

From under years of hatred flowed

A senseless rage as on he ploughed.

He flashed his ‘badge,’ secret ill will,

He crossed onto the isle, to kill

The spirits of the young.

 

‘Twas then they left their colored looms,

The fairies scuttling to stop the doom.

They watched the water-lily bloom,

They saw a uniform, a gun,

And cried out to Oslo.

Out flew the web and floated wide,

The mirror cracked from side to side.

“The curse is come upon us,” cried

The spirits of the young.

 

Beneath the bright gray sky, wind straining,

Rocky shore, with green woods waning,

The fjord stream, cold, began complaining

Heavily, with low clouds raining

Over bombed Oslo.

Then down they came and found no boat,

Into the water jumped, swam, floated,

Were caught unawares on land or sea,

The spirits of the young.

 

And down the fjord’s dark blue expanse,

Like children, seers in a trance,

Came those who cleared and beat mischance,

With dark and glassy countenance,

Crying out to Oslo.

And at the closing of the day,

The dead, injured and safe ones lay,

Down in a darkness far away,

The spirits of the young.

Some spirits scattered, snowy white,

And loosely flew up, left and right,

Through leaves and flowers, falling light

Upon them, through the noisy night.

They floated down to Oslo.

And as their boat wound along,

The mountains and the fields among,

The people heard them sing a song,

The spirits of the young.

 

They heard a carol, mournful, holy,

Chanted loudly, chanted lowly,

Until their blood was frozen slowly

And they closed their eyes, wholly,

Turned towards Oslo.

For ‘ere they reached the other side,

Or spied their home or family ties,

Singing their song of love, they died,

The spirits of the young.

 

From churches’ eaves and balconies,

By garden walls and galleries,

As gleaming shapes, they floated by

Their mountains, fields, their seashores, sky,

Silently from Oslo.

Then out upon the wharfs they came,

The police and people - Prince and plain,

And then it was they saw their names,

The spirits of the young.

 

Who is this? What happened here?

And in the lighted palace near,

Died the sounds of summer cheer,

And all who saw them cringed with fear

And sadness through Oslo.

The King and Queen and all who saw

Wept and wept. Then spread the awe

Of those whose stories were then told,

Tales of bravery and heroism bold,

Of the spirits of the young.

 

Who are these? What happened here,

The stories of these heroes tell:

Who sprung with love and caring near

To those who otherwise would fall?

Who road into the danger zone

To grasp the arms of those forlorn?

Who chose an instant’s infinite grace

To face a demon in a place

Now known forever as the space

Of the spirits of the young.

Above the island’s lush green boroughs

Hovers the love of many. Those

Who passed away on that sad day,

And those who come anew, to say,

We won’t be stopped by fear and hate,

Nor stop our path to Oslo.

Meanwhile, the fairies to their bowers

Repair, wherein they spend the hours

Weaving on looms of colored flowers,

For the spirits of the young.

 

They carry forth their woven threads,

And in them they embrace the dead,

Lift up their spirits, overhead,

Assure them that their spirits live,

Above and beyond Oslo.

The spirits fly to fathers’ homes,

And visit mothers’ gardens, roam

Among our sacred places, play

In light and energy all day.

 

The spirits call to all of us:

They kiss the Nordic evening dusk.

“Be all that you can be among

All peoples of your blessed land,”

They say, and so their song is strong,

Forever striving, never undone.

Their gods embrace them as they tone,

‘Never forget our love: far-flung.’

-The Spirits of the Young

 

With attributions to Alfred, Lord Tennyson and ‘The Lady of Shallot’

©

June Edvenson, 2011

All rights reserved

Reprint and distribution rights reserved.

Permission to reproduce by direct inquiry to uconsult@online.no

Sustainability and the Law

Posted on May 24, 2011 at 11:29 AM

Subject: Sustainability . . . and Law? What can we say about this concept, and how it informs our world and behaviors? I became interested in this topic when prompted by a call for papers for the 2011 EUKO conference at Aarhus, Denmark. The conference will be the 11th international conference organised by the Department of Language and Business Communication of the Aarhus School of Business, Aarhus University, Denmark. This year’s theme is, “Sustainable Communication – Communicative Sustainability.” Their goal is to assemble a wide array of responses on this theme from various sectors of the global business community and communications specialists. The focus will be broad: sustainability and communication as seen regarding the economy, environment, globalization, social welfare and corporate communications, among others. I became interested in the topic from a legal perspective and began to do a bit of research. Thematically, I decided to focus on the dialectic within environmental law, corporate social responsibility and international human rights.

 

Over the past few months, I’ve assembled an array of resources, and am writing an article in this topical area, tentatively entitled, The ‘Tragedy of the Commons’ & Sustainability ’Red Threads’ in the Language of International Law & Human Rights.

 

I am looking at the concept of sustainability of the environment from the perspective of the traditional positivist language of law, including environmental law, international law and human rights law, while developing a critique of existing structural approaches to its communication within existing rule-based and policy-based systems. Historically, Western property law has resulted in the ‘tragedy of the commons,’ in which resources belonging to the commons will ultimately be depleted beyond sustainability by group members, in contrast to the greater good of all, and in spite of the essential minimum needs of all. Resource utilization struggles of today confirm the tragedy’s principe dispositif, while laws regulating the environment remain under-developed both structurally and ideologically to the challenge.

 

Core values of sustainability and how it is communicated are found discussed in recent legal and environmental law scholarship. These values include, among others, the right to identity and the protection of language, culture, names and participation. Achieving the preconditions for sustainability through communication also requires challenging ineffective controls while opening political, business and social networks impeding its development. Modern means of communicating sustainability include corporate social responsibility platforms and codes. Beyond this, discussions are taking place on melding core concepts of environmental law with human rights law, and I will be discussing these in the article.

 

Already, I believe I have identified what could be called ‘red threads’ tying communications and sustainability together within a legal framework designed to address corporate activity affecting the environment, and find these red threads at the center of recent global political and economic trends, i.e. utilizing language, new visual media channels and social media platforms to secure the primary preconditions for sustainability. By focusing on legal perceptions, I hope to encourage law and policy makers to newly prioritize environmental sustainability law, suiting it to changing needs, transparency, and modern global conditions.

 

sustainability. n. 1. capable of being sustained; 2. Of or relating to, or being a method of harvesting or using a resource so that the resource is not depleted or permanently damaged (such as sustainable techniques, sustainable agriculture); of or relating to a lifestyle involving the use of sustainable methods (such as a sustainable society). First known use: circa 1727. –Merriam-Webster Dictionary

 

I was pleased that the International Bar Association took my question on this, asking the Legal Director of Royal Dutch Shell about their work with sustainability at the conclusion of the IBA Webinar, May 24, 2011. Peter Rees’s response indicates that he is aware of the practical approaches to incorporating sustainability in their legal work, noting, first, that assuring that Shell is in full compliance with environmental regulation is a part of this. Beyond that, he noted that Shell is involved in looking at sustainability on a continuing basis with regard to reducing their carbon footprint, and seeking ways to reduce impacts of this nature. Rees's reference to the need for a global approach to corporate conditions is also a part ot this, what he called the need for "global consistency."  Such goals require participatory action on a global level.

 

Sustainability: an evolving concept with specific pre-conditions and significant weight for our survival as a global community. Sustainabiliy: something that the global legal community can help to define and bring about.

English Language Learning Resources Online and Free

Posted on February 15, 2011 at 11:18 PM

Professional academic quality instructional materials for learning English are plentiful on the internet, but many are not free of charge to the general inquirer.  As a result, it can be frustrating to attempt a more comprehensive approach to self-education efforts. 

 

This note is simply to point out some great resources for learning English online, including a small handful for (1) grammar, (2) pronunciation or oral speech development, and (3) listening comprehension and vocabulary development.

 

In the grammar category, I have to mention the work of Dr. Charles Darling, may he rest in peace.  During his years teaching English at Capital Community College in the northeastern U.S., he developed a 'Guide to Grammar and Writing' that, as they say, 'took on a life of its own.'  His clever contexting of materials, with easy-to-use quizzes, tips and comments, make learning written English (and grammar) about as pleasurable for a non-English native as it could possibly be.  This is found at http://grammar.ccc.commnet.edu/grammar/imoDarling.htm.  The top page is the dedication to his work, and requests donations.  The site access is free and supported by private donations and the college itself.  Click on the title "Guide to" and you will soon be involved in a wide array of exercises, rules, tips, quizzes and games.

 

In the area of English pronunciation, I would refer those interested to   http://www.manythings.org.  There are specialized word combinations to practice, and the site also includes vocabulary and grammar guidance, listening possibilities with mp3 files, and more.  The site is the property of Charles Kelly and Lawrence Kelly, who appear to be as interesting as their compilations on English.

 

For general and business English listening and development, for those with an interest in the U.S., I would highly recommend any of the regular programs found at National Public Radio, http://www.npr.org/ .  From the Programs menu, select All Things Considered, Weekend Edition, Talk of the Nation, or another program.  In the humor area, hardest for a non-native speaker to appreciate, Wait Wait... Don't Tell Me, is a fun and interesting program, as is A Prairie Home Companion.  In the radio essay category, select This American Life, produced by PRI.

 

For British English language learning, one will find an interesting and continually updated approach at the BBC's radio-related website, "Business Language to Go."  http://www.bbc.co.uk/worldservice/learningenglish/general/talkaboutenglish/2009/02/090211_tae_bltg.shtml

 This includes radio spots on various topics, some video tutorials, as well as business English listening, vocabulary and pronunciation builders.  The stories featured are interesting and timely, and the language learning materials professionally produced, including mp3 files, transcript downloads, vocabulary lists, pronunciation audios and more.

 

So, looking to learn English online?  Good luck!  Have fun!  These materials should help you to make it so. 

Thankfulness - One Step at a Time

Posted on February 19, 2010 at 6:15 AM
Subject: Gratefulness and thankfulness Take: We need to be more thankful - for our daily experiences as well as for our many blessings. Take 2: Culturally, levels of thankfulness appear to vary. I discuss some possible tendencies. What better way to enjoy the umpteenth snowstorm of our very snowy winter here in Norway than to focus on all that we are grateful for. And what better way to do that than to write about it, hoping others will hear the distant cabin mountain horn's sweet warbling call and enjoy the music. I was reminded of this topic after listening to 'Judge Judy' speaking with Larry King on CNN the other day. She observed wryly that we human beings simply are not so nice to one another a great deal of the time. Judge Judy, for those of you unfamiliar with her, has been a judge on U.S. television, hearing real cases, for many years, and continues to do so. Her take-responsibility approach and take-no-prisoners attitude have helped many minor miscreants face their personal and related legal demons. Recent research into this topical area suggests that we are more likely to be healthier if we take the time to appreciate what we have, as well as to appreciate something in our everyday lives - um - every day. Robert Emmons of the University of California at Davis recently found that people who focused on gratitude were simply happier, reported fewer negative physical ailments, exercised more and had more energy. They were also less materialistic and more generous. Other studies have found consciously grateful people to have: more clear thinking, better immune system responses, lower stress levels and longer lives. A small treat appears to help also. A Cornell University study found that doctors given a small 'token' candy were better able to process complex information quickly, were more considerate of diagnostic complexity and less likely to jump to wrong conclusions. Persons with a high gratefulness quotient exercised it as a discipline. They consciously considered their thanks for specific experiences, views, etcetera. Suggested ways to reinforce such behavior in our own lives include: recordation, passing on such thoughts (called the 'boomerang' effect), and reaching out to others. With reference to that last item, might we note the existing English word, eudaemonia? My goodness, it almost looks Norwegian, with that ? type of feeling. The word, eudaemonia, means the happiness or fulfillment that comes from an action itself, not as a result of the action. I personally think of this as related to RAK. That is, random acts of kindness. RAK is responsible for the happiness experienced by many people. What is the cultural barometer on RAK? I'm not sure. It would be interesting to compare Hofstede's cultural dimensions in business to RAK. For example, business cultures that are more universalistic, such as that in the U.S., rely on contracts and rules that all are expected to respect and observe. Doesn't sound very RAK-ish, does it? At the other end of the scale, business cultures that value handling issues on a very specific or particularist manner would likely be involved in RAK activities only for those who are valued as more special in that culture - for example, men in Middle Eastern cultures, or the elderly in Asian cultures. Business cultures that value individualism also value individual achievement, separate from group-related values and activities. The U.S. takes the prize for the world's most individualistic business culture. Again, not a RAK-ish feeling here, I don't think, unless of course we take our personal ethics and moral duties with us when we walk around in America being big individuals. On the other hand, the Chinese business culture, which values collective enterprise to a great degree, prioritizes elements of caring for others above one's sense of individual self. Not a bad value to try to incorporate in one's daily life, and definitely RAK-ish. My own experience of China resulted in my falling in love with the people as a whole, and made me want to embrace their individual and collective hopes and dreams. Most Chinese were very friendly, very personable, caring and interested, willing to go out of their way to make our welcome complete in almost every way imaginable, and just because that is what is of value to do - for others. Not just for yen, but for the yin and yang of it. Well, now it is time to trudge to the little grocery with Tinkerbell, the resident Shetland sheepdog. The wind is bracing, it is minus 9 celsius, and there are at least several inches of new snow on top of the old ice-and-snow package. Everything is white or shades of gray. Dull, insistent, unforgiving. Perhaps it is time to buy some small token treats to carry around. And, by God, I'm so thankful for it all, every bit of it.

Norway's National Anthem ? What do the words mean

Posted on January 18, 2009 at 7:57 AM

Norway's national anthem is a lovely song which also includes wonderful lyrics.  It is heard by us often during Olympic events, as Norway ratchets up the wins in gold, silver and bronze medals.  It is also heard and sung often on the 17th of May, the day of Norway's annual Independence Day celebrations. 

 

 

I was encouraged to learn it when I moved to Norway ten years ago, and became interested in the English translation. I have seen other translations, but felt obliged to create my own - to reflect, as closely as possible, the meaning of the words, even if it was not 'singable.'  I therefore provide a link to my translation of "Ja, vi elsker dette landet."  I hope you enjoy it. 

Norwegian National Anthem

 Lyrics:  Bjørnstjerne Bjørnson, 1859,  Music:  Rikard Nordraak, 1863,  Adopted:  1864

 

Ja, vi elsker dette landet,                                   Yes, we love this land,

 

som det stiger frem,                                          that emerges,

 

furet, værbitt, over vannet,                                furrowed, weather-beaten over the water,

 

med de tusen hjem.                                           with its thousands of homes.

 

Elsker, elsker det og tenker                               Love, love it, and think

 

på vår far og mor                                              about our father and mother

 

og den saganatt som senker                              and those nights full of long tales that sink

 

drømmer på vår jord.                                        dreams into our soil,

 

og den saganatt som senker,                             and those nights full of long tales that sink,

 

senker drømmer på vår jord.                             sink, dreams into our soil.

 

 

Norske mann i hus og hytte,                              Norwegians, in houses and cabins,

 

takk din store Gud!                                           thank your great God!

 

Landet ville han beskytte                                   The land he will protect

 

skjønt det mørkt så ut.                                      Understanding it appeared hopeless.

 

Alt hva fedrene har kjempet,                             All that our fathers fought for,

 

mødrene har grett,                                            and mothers wept for,

 

har den Herre stille lempet,                                has this God calmly lifted,

 

så vi vant vår rett.                                             so we won our right,

 

har den Herre stille lempet,                                has this God calmly lifted,

 

så vi vant, vi vant vår rett.                                  so we won, we won our right.

 

 

Ja, vi elsker dette landet,                                   Yes, we love this land,

 

som det stiger frem,                                          that emerges,

 

furet, værbitt, over vannet,                                furrowed, weather-beaten over the water,

 

med de tusen hjem.                                           with its thousands of homes,

 

og som fedres kamp har hevet                           and that our ancestors'  fight has raised,

 

det av nød til seir,                                             what was our distress to victory.

 

også vi, nar det blir krevet,                                Also we, when it becomes required

 

for dets fred slår leir,                                         for its peace, shall guard it,

 

også vi, nar det blir krevet,                                also we, when it becomes required,

 

for dets fred, dets fred slår leir!                         For its peace, its peace, shall guard it.

 

 

 

 

Publishing my Thesis Online

Posted on January 6, 2009 at 10:39 AM

Happy New Year to all!  And may it be a blessed one! 

I am writing to tell you that I've uploaded my thesis online, "Poetic Technique in Vikram Seth's The Golden Gate."  In it, I review Seth's use of poetic technique to achieve effects in the work.  Published in 1986, the book is a 'novel in sonnets.'  I include a Synopsis in the Appendix for those who are interested in reviewing the story but who have not read it.  The synopsis gives context to the sonnets I select for analytical examination in the body of the thesis. 

 

Poetic analysis can be cruelly detailed - frankly, boring, especially to read.  I tried to create a very enjoyable experience of it and hope I succeeded.  I combine the use of traditional literary analytical techniques with consideration of a variety of contextual concerns. 

 

I hope you like it!  You will find the Abstract and Thesis links at my "English Services" page on this website.