TRANSLATION AND TRANSFORMATION WITH WALTER BENJAMIN: the Ramos v. Louisiana case from the Supreme Court of the US
Translation Studies; Law; Walter Benjamin; Ramos v. Louisiana; complementarity.
This research, in the field of Translation Studies, is based on Walter Benjamin’s work, especially regarding his thoughts expressed in “The Translator’s Task”, to examine the interface between Translation and Law, shedding light on the significance of translators in the exchange of ideas from one country to another, i.e., in the task of transforming cultures and languages, not carrying messages. As experience should occur ahead of theories (MESCHONNIC, 2010), the starting point of this research was a translation, from English into Portuguese, of the original (BENJAMIN, 2008): the lead opinion of the majority written by Justice Neil M. Gorsuch in the Ramos v. Louisiana case, argued before the Supreme Court of the United States in 2020. In that opportunity, the Court adopted a meaningful rationale by discussing the possibility of overturning the Apodaca v. Oregon precedent and explaining the racist origins of Louisiana’s and Oregon’s laws. As a result, it ruled that the US Constitution requires unanimous verdicts to convict defendants of serious offenses. Given that, there are some pragmatic reasons why the original could lead to a transformation – in accordance with Walter Benjamin, his followers and their shared epistemology – in the target culture. First, it highlights the complementarity in languages (BENJAMIN, 2008), as this research revealed a possible enrichment of the Portuguese language in the process of language relations. Second, it lays down the unanimity requirement, an important concept to the Brazilian rules of criminal procedure once jurors recover their legal right to openly deliberate within a jury trial. Third, it goes back in history to the roots of Oregon’s and Louisiana’s laws, which could foster social awareness on the issue of racism in Brazil. The findings of this research indicate that by accepting strangeness, rather than erasing it, the opinion delivered by Justice Neil M. Gorsuch in the source culture could eventually transform the Brazilian context, not only in terms of the country’s language, but also concerning its culture, which goes beyond the legal area.