Archive for 2012/01/28



1607-2012: 405th Anniversary for the Municipality of Santiago de Cuba—“Heroic City of the Republic of Cuba”, “City of Pilgrimages and Pilgrims”, Santiago de Cuba, UNESCO World Heritage

The  Municipality of Santiago de Cuba was founded by the Spanish conquistador Diego Velázquez de Cuéllar, as one of the first seven cities in the Republic of Cuba during the year 1514 Anno Domini. The City of Santiago was the first official capital of Cuba until 1550. Since its foundation, this historical colonial town has had a Municipal City Hall and was granted the title status of city in the year 1522 A.D., on the same date in which the Cathedral of Santiago de Cuba was built by order of Pope Adrian VI of Utrecht, Regent of Spain, at the Vatican in Rome for the Catholic Church.

During the 16th and 17th centuries, Cuba suffered from the siege of pirates, corsairs, and buccaneers in the Caribbean, the Greater Antilles, the Gulf of Mexico, to include those from Central and South America, as well as North America and Europe.

The city of Santiago de Cuba is privileged for its geographical location and central Caribbean placement. Consequently, Santiago de Cuba became a haven for the French colonists, settlers who emigrated to the nearest town across the waters from Haiti to escape the consequences of the Haitian Revolution. These French settlers developed within their surrounding area vast coffee plantations and other agricultural staples, while sponsoring interaction and integration of Spaniards, French, and African slaves, as well as defining the socio-economic and political profile of Santiago de Cuba and the cross-cultural identity of its inhabitants and native residents.

During the 19th century, with the heat of the independent struggles for nationalism throughout the Americas, the rebellious heart of the city Santiago de Cuba became exalted. Thus, Santiago has given to history many immortal patriots to the independent struggle against the Spanish colonial bond at the time, such as the descendants of Maceo, Lora, and other Cuban heroes, like Frank País, in the revolutionary strife during this century and beyond… Hence, it is with justice, fairness, and equity that Santiago de Cuba has been granted the honorary title of “Heroic City of the Republic of Cuba–Ciudad Héroe de la República de Cuba.”

Not only is Santiago de Cuba a vintage city full of historical legacy, but it is also the cradle of poets, writers, musicians, minstrels, and artists, painters, from Heredia to Soler Puig.

Santiago de Cuba is considered to be the Cuban capital of the world since its beginnings, in the measure of its efforts which this Cuban regional area invests to develop and expand its markets; thus increasing its word-wide investements–given its privileged geographical location and importance as the second city in the Republic of Cuba.

Santiago is complemented by an international seaport and adjoining industrial sector, which includes a thermoelectrical plant, oil refinery, cement manufacturing, and other industrial facilities.

The economy of Santiago de Cuba is distinguished by its diversified agriculture in the sugar industry and in the development of the agrarian sector for such important staples as coffee, dairy products, produce, and fruit harvests, particularly for citrus.

This Cuban city also relies on important natural resources in forestry and environmental vegetation, rich in species of flora and fauna, which have promoted Santiago de Cuba to become one of the principal forestry regions in the Republic of Cuba. These ecological assets combined with hydraulic resources and the variety of landscapes and seascapes Cuba has reserved in Santiago, allows the City of Pilgrimages and Pilgrims to have an enormous potential for tourism from around the world.

Source: Brochure for “Santiago de Cuba”, published by the Banco Internacional de Comercio, S.A., Sede Central, 20 de Mayo y Ayesterán, Apartado 6113, La Habana 6 , Cuba.

Spanish to English Translation by Gardenia C. Hung Fong, M.A., B.A., from a brochure pamphlet given by my Aunt Xiomara Fong Ramos

For reference, the city of Santiago de Cuba was named after the biblical evangelist and apostle Saint James who preached the gospels of Jesus Christ in Spain as Santiago de Compostela, during the 9th century through the 11th century on behalf of Christianity. During the Middle Ages, Santiago was the patron saint of pilgrims, pilgrimages, and the knights. Santiago was represented as one of the apostles of Jesus Christ.

Source:
Spanish to English translation by Gardenia C. Hung Fong, M.A., B.A.
La Biblia y los Santos. Guía iconográfica. Alianza Editorial, Madrid, Spain, 1996,pages 347-348. Authors Gastón Duchet-Suchaux and Michel Pastoreau. Versión española de César Vidal.

Consulting Media Arts Communications©2012 Gardenia Hung.  All Rights Reserved.


Part I, “De Laudibus Legum Angliae”–“In Praise of the Laws of England”–Quote from Sir John Fortescue (c.1395-c.1477)
“Common Law: Past, Present, Future, and Beyond…”
The legal grounds of common law are based “in its beginnings lost in the mist of the history of northern Europe and Scandinavia, touched by the influence of the Roman Empire and the history of the English peoples who are frequently invaded by cross-cultures, who remained, intermarried with the local citizens and greatly affected their customs and habits.”  While the Romans ruled Britain for almost 400 years, the development of the Justinian code and of the Roman law was still 100 years away before they left England .  During 600 A.D., the English were converted to Christianity and canon law became established in England .  Canon law, as a judicial system of the church, has been a significant factor in English legal history and has acquired a name all of its own–equity.  For many years, two (2) parallel courts existed in England , courts of equity, which were free to apply principles of conscience, and common law courts.  The “common law” is so called because it was “commonly” applied throughout the kingdom of England in the King’s Court.The last successful cross-cultural invasion of England was by the Normans over the Saxons in 1066 A.D., fought over the Battle of Hastings.  Since the 11th century A.D., the English were able to develop their own legal system in a typical English manner–they avoided the method of trying to write down all known laws on paper.”  The English won the protection of their own basic civil rights from their rulers, as noted in the Magna Carta endorsed and signed by King John in 1215.

From that time onwards, the English applied justice, equity, and fairness in the developing courts, with trials by jury for contests between individual citizens disputing over property, personal injuries and contracts.  At other times, acts of Parliament defined specific crimes and prescribed penalties.  Judges and members of Parliament established British English laws gradually by legal precedents.  The result is then what is known still today as “common law”: that is to say, custom, tradition, decisions by judges in specific cases and acts of Parliament.

This legal system based on “common law” has been well established for the last 400 years in the United States of America , between 1215 A.D. and 1607 A.D., when the British arrived and settled in Historical Jamestowne, Virginia.  For the American colonists, legal experience differed according to the background of the settlers.  Since lawyers were few at the time, important cases were heard and decided in London , England .  For the last 400 years, “common law” has become the most important root of the American legal system founded on solid judicial grounds from England and imported to the United States of America , during the 17th century through the 21st century and beyond…

Common law has been practiced throughout the kingdom by the King’s Court as long as the English languages has been used by the Angles, the Jutes, the Saxons, and the Normans, influenced by Latin and Greek, as well as by the Celts–the Welsh, the Irish, the Scots, and the Cornish–all Gaelic-speaking tribes who were natives of the British Isles before the English settled in the United Kingdom.

The Angles and the Jutes invaded England from Denmark .  The Saxons traveled from Saxony which is now known as Germany .  And the Normans sailed across the English Channel from France … 

Following the Saxon invasion from Germany , the word “Anglii” and ” Anglia ” became part of the language as used by the Celts to refer to the invaders.  One hundred and fifty years after the first raids, King Aethelbert of Kent was named “rex Anglorum” by Pope Gregory.  Since then, these people have been called “Angelcynn” (Angle-kin) and their language was “Englisc”.  By 1000 Anno Domini, the country was generally known as “Englaland”, the land of Angles .

The development of the English language moved the practice of common law throughout the invasions of England and the cross-cultural revolutions which took place before and after the year 1066 A.D., marked by the Battle of Hastings, fought between King Harold II and King William I.

According to “The Story of English” by Robert McCrum, William Cran, and Robert McNeil, the Mother tongue known as English was brought to Britain by Germanic tribes, the Angles, the Saxons, and the Jutes, influenced by Latin and Greek when St. Augustine and his followers converted England to Christianity.  The English language has been subtly enriched by the Danes, and finally transformed by the Normans .  French-speaking William I of Normandy , also known as the Conqueror who won the battle of Hastings over Harold II in 1066 A.D.

In “The History of the English-speaking Peoples”, Sir Winston Churchill stated:  “We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man, which are the joint inheritance of the English-speaking world and which through the Magna Carta, the Bill of Rights, the habeas corpus, trial by jury, and the English common law, find their expression in the Declaration of Independence, (of the United States of America)”.

During the first week of May 2007, Queen Elizabeth II and Sir Philip, Duke of Edinburgh were hosted by President George W. Bush and First Lady Laura Bush during their visit to Historic Jamestowne, Virginia , Kentucky , and Washington , D.C. They celebrated the 400th Anniversary of the British settlement since 1607, when the first English settlers arrived to the British Colonial fort, sited by Captain John Smith and “Matoakah” Pocahontas, Chief Powhatan’s Native American Indian Princess, and African-American slaves in North America and Canada, during the 17th century. 

An example of “common law” is the concept of “conversion” which defines an intentional tort to personal property (same as “chattel”) where the wrongdoers’ unjustified, willful interference with the “chattel” deprives the owner of the possession of such “chattel”.  The owner must have actual possession or immediate right to possession since the time of the wrongful misuse, alteration, or abuse occurred.  Interference in common law “conversion” means the exercise of dominion over another’s chattel.  Intent to dispossess the owner of the chattel is not a required element of the claim.  In other words, intentional removal of another’s chattel under the mistaken belief that it belongs to the wrongdoer, does not relieve the wrongdoer of liability under conversion.

Stealing something from someone else is one form of conversion.  However, conversion is not limited to theft.  Conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing or destroying another person’s chattel.  Merely using another person’s chattel can be grounds for conversion in certain cases.

Legal remedy for conversion is usually in the form of damages restitution equal to the fair market value of the chattel at the time of conversion. 

Conversion is an interference with another’s ownership of property.  It is a general intent tor, not a specific intent tort.  That means that the intent to take or otherwise deal with the property is enough to support the claim.  The standard remedy and relief for conversion is a judgement for damages in an amount equal to the fair market value of the property.  Punitive damages are also possible to be assessed because conversion is an intentional tort.  For the last seventeen (17) years, the Village of Lombard has been trespassing and interfering with the Hung Family real estate property in Lombard, by damaging, stealing, and cheating the Hung Family in order to appropriate their assets in DuPage County, Illinois, USA.

Part II: Intentional tort–Conversion and trespass as “action in trover”
An intentional tort arises from deliberate invasion of another person’s rights, causing injury without just cause or excuse.  For instance, when John and Eva Carpenter moved next door to the Hung Family in Lombard during the summer of 2001, Eva Carpenter, the new neighbor drove backward into the Hung Family’s fence posts, between the adjoining driveway and caused damages to the existing fence on the first moving day into their new home in Lombard. The owner of the damaged fence posts complained and caused a lawsuit to be filed against the new neighbor for repeatedly driving into the owner’s fence posts with a van, a lawnmower, or deliberate carelessness.
Intentional torts include interference with a person’s freedom of movement, defamation of character (libel and slander), invasion of privacy, interference with property rights, misuse of the legal process, fraud, and the intentional infliction of emotional distress.
Trespass is a tort, a civil wrong because it interferes with a person’s property rights. For instance, John and Eva Carpenter’s son  jumps the fence adjoining the Hung Family’s property repeatedly without permission. Or, the Lombard Police Department in Du Page County, Illinois allows intruders, strangers, terrorists, and criminal repeat offenders to jump the owner’s fence into the backyard, under approval of the Village of Lombard, Town Hall staff, and the Village Manager, Bill Lichter, President Bill Mueller, including Trustee for District 5 Ken Florey, and others, without the authorization of the Hung Family as owners of the real estate property.
Common law “tort” action features unreasonable interference with the interests of another. For instance, intentional infliction of emotional distress is a tort. Case-in-point, John Carpenter, the neighbor calls the Lombard Police Department on the Hung Family when the daughter arrives one evening, last summer 2006, and walks into the backyard—there was nothing wrong in the backyard, at the house, or with the daughter of the late Mr. Roberto Hung, J.D.
An injured person may sue anyone who commits a tort against him/her to collect damages—money to compensate for the wrong.
Trespass is an unlawful intrusion that interferes with someone else’s possession of property. A trespass gives the property owner the right to bring a civil lawsuit and collect money damages for the interference and for any harm caused. Some states in the U.S.A. have laws that make trespass a crime and prosecute illicit access entry into property with punitive fines, sanctions, and imprisonment. Generally, a trespass is committed on real property (real estate or land and everything that is attached to it), but a trespass can also be to personal property (all other forms of property) as well.
Criminal trespass is accomplished by violence or tends to be a “breach of peace”. Some statutes consider any unlawful entry on another person’s real estate property as a criminal act. When the trespass involves violence or injury to a person or property, it is always considered criminal, and penalties may be increased for more serious or malicious acts. Criminal trespass is prosecuted in the State of Illinois by punitive fines, sanctions or imprisonment or both.
The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss or use of the property. Damages from a trespass claim are based on the harm caused to the owner’s property, rather than the general value of the chattel. Under common law, many acts can constitute both “conversion” and “trespass” as “action in trover”.
Conversion as an “action in trover” under English common law is an ancient, historical form of legal action to recover possession of personal property, and its practice to settle disputes, contests, and arguments, has developed our modern sense and interpretation in the application of common law in the 21st century and beyond.
Action in trover is the technical name for a lawsuit to recover damages incurred for a wrongdoer’s “conversion” (wrongful taking, misuse, abuse, alteration or destruction) of personal property belonging to someone else. In trover actions, the measure of damages is normally in proportion to the value of the property at the time of conversion.
Legal “action in trover” is a remedy for conversion or the wrongful appropriation of the owner’s personal property. During the course of the 16th century, “action in trover” developed as a special form of legal action in a case.
Trover damages are measured in proportion to the market value of the property, plus compensation for deprivation of use, and compensation for other losses naturally and proximately caused by the wrongful taking of another’s property. The owner can also recover interest that would have been earned by the money value of the object and any expenses incurred in attempting to recover the property.
Another example of common law is “negligence per se”, that is to say behavioral conduct which is evidence of an unreasonable action (or failure to act) that causes injury to a person or damages to his/her property. Negligence per se, as carelessness in itself, is behavior that falls below the standards set by law for protecting others against risk or harm. As a result of “negligence per se”, anyone who is injured, or whose property is damaged because of someone else’s negligent act or failure to act, is entitled to bring a civil lawsuit against the wrongdoer, for an “action in trover”.
In itself, negligence is a state of mind involving carelessness, forgetfulness, inattentiveness, refusal to perform duties and obligations required by law and professional standards.
In negligence law, a person has an obligation and duty to exercise reasonable care for the physical safety and for the property of others people.
Negligence per se involves “misfeasance” which is to say, the improper doing of an act, and “nonfeasance”, that is to say, the failure to perform the required duty. In cases involving “imputed negligence”, the first person in charge may have a duty to see that the second person in force exercises care in regard to any third party or property. Thus, “imputed negligence” falls upon the first person when the second person fails to perform the duty of care for the third person, “vicariously”. In the same way, “respondeat superior”, in Latin, illustrates a principle of law that holds an employer liable and responsible for anything that an employee does during the course of employment. Case-in-point, the Village of Lombard is responsible for all its employees’ actions and non-actions, at all times.
When a person suffers harm because of someone else’s negligence, the same person can sue the negligent person and make him or her pay for the harm, damages and/or losses caused. Given that the negligent person owed the injured party a duty to use care; that he/she violated that duty by failing to act according to the required standard of care; and that the party incurred injury or that property was damaged as the result of the negligent person.
In the doctrine of “negligence per se”, the violations of statutes by the negligent person creates a case for legal action in itself, by default. In order for this doctrine (of negligence per se) to operate, the statute which has been violated must have been designed to prevent the type of injury or damaged suffered by a victim of crime, abused by another person due to “negligence per se”.
Case-in-point, in the legal action for Village of Lombard v. Hung, et al., the Plaintiff is subject to “negligence per se” for the violations of Illinois statutes pursuant to consumer service fraud, breach of the Fair Housing agreement contract, and Lombard real estate liability for the sale of old houses in Du Page County, Illinois, USA.
Since 1993, in the Village of Lombard, the Hung Family real estate property and all family members, have all been injured, disabled, and damaged due to the Village of Lombard’s failure to provide the duty of care, according to the required standard of care; and the Hung Family members and real estate property have all been victims of crime as a result of “negligence per se” by default in the Village of Lombard, Du Page County, Illinois, USA.
English common law is based on legal court precedents. Each legal cause of action is decided by a judge to establish a precedent which may be used as a guide for other judges to make subsequent decisions. Thus common law is active, dynamic, functional, and constantly evolving in time, upon legal precedents.
Traditionally, English common law was unwritten, “lex non scripta”—not written as a body of law; however, nowadays, there are extensive, historical, and contemporary compilations of the English common law for the 21st century and beyond.
Common law follows natural reason, logic, and man’s sense of justice, equity, and fairness. It is adopted by men and women to regulate legal behavior in social settings, disputes, contests, and arguments. Common law action is a civil lawsuit between opposing parties over a real legal issue in which the relief (help) requested as remedy is generally money granted as an award for damages.
Common law developed after the French Norman Conquest in 1066 A.D. as the law common to the whole of England, rather than the local law used by the Saxons, the Angles, the Jutes, and the Celts. As the court system became established later under King Henry II, and judges decisions became recorded in law reports, the doctrine of precedents developed.
Historically, common law is a system of laws that prevails in England and in all countries colonized by Great Britain and the British Commonwealth. The concept of “common law” is derived from the medieval theory that the law is administered by the King’s Court which represented “the custom commonly used throughout the realm”, in contrast to the custom of local jurisdiction that was applied in local or manorial courts. According to Sir John Davies (1569-1626), “it was nothing else but the Common Custome of the Realm” quoted in Preface to Reports, (1612). Later, Sir John Fortescue declared that the “realm has been continuously ruled by the same customs as it is now”, as noted “In Praise of the Laws of England”, c. 1470, in the original title, “De Laudibus Legum Angliae” in which the English Chancellor of the High Court of England discussed royal and political control, “sovereignty”, in response to the problem of tyranny, as presented by St. Thomas Aquina and Ptolemy of Lucca. Thomas Aquina exposed the idea of “De Regimine Principum” among the highest goals of medieval political thought—Sir John Fortescue sustained that while England was a “dominium politicum regale”, France, its secular opponent, represented a simple “dominium regale”. As the most important exponent of English political thought in the 15th century, Sir John Fortescue expressed simply that in contract to France, in England, the King was subject to the same right that the monarch approved with the two Chambers of Parliament, whose consensus was also necessary in order to establish taxes (11)—Sir John Fortescue, “De Laudibus Legum Angliae” as “In Praise for the Laws of England”, Chapters IX and XVIII.
English common law developed from legal usage within three (3) English courts as follow: the King’s Bench, Exchequer, and the Court of Common Pleas. The King’s Bench originally litigated the crown’s business (including criminal matters and had jurisdiction to correct errors from other courts of record). The Exchequer of Pleas, involved primarily revenue matters. Then, in a narrower sense, the common law was the body of law administered in Westminster Hall by the twelve (12) judges of the three superior courts of law. These were the Common Pleas, whose position as the prime court of civil suits had been secured by the Magna Carta (1215) and which continued to attract most civil litigation until the 18th century. The common law administered in these three (3) courts contrasted with “equity” as practiced primarily in the Court of Chancery. The Court of Chancery was originally designated as a “Court of Conscience”, concerned with securing justice in individual cases, rather than following strict rules.
In “Roots,” the role of the sheriff is presented as “the oldest continuing, non-military, law enforcement entity in the history of England”. In the 9th century, “shires” were municipal and administrative kingdoms divided by the King of England and assigned to trusted representatives. The shire representative appointed by the King protected his interest and the people of his particular land territory. In medieval English, the appointed trustees were called “reeves” as “guardians of the shire”. Historical usage of the words “shire-reeve” together, derived the contemporary term for the concept of “sheriff”, as we know their office of service today, before and after the French Norman invasion of England in 1066 A.D. In the past, the sheriff was responsible for keeping the peace, collecting taxes, maintaining jails, arresting fugitives, maintaining lists of wanted criminals, serving orders and writs for the King’s Court.
According to DeKalb County Sheriff Roger Scott, “the responsibilities of the office of the sheriff in England ebbed and flowed, depending on the mood and needs of kings and government”. The Magna Carta (1215) signed by King John restricted and circumscribed the responsibilities and duties of the sheriff in his times.
In the British Commonwealth, as well as in America, the concept of the sheriff has been adopted with the common law, through time, space, and physical presence. In the American colonies settled by the British since 1607 A.D., sheriffs were also appointed following the role model of English government. The first sheriff in the United States of America has been noted to be Captain William Stone, appointed in 1634 for the Shire of Northampton in the colony of Virginia. The first elected sheriff was William Waters in 1652 for the same shire. The word “shire” was used in many of the Commonwealth colonies, before the word “county” replaced its usage.
Under English common law, notaries public also provide another timeless office of service for the legal court system and the community at large. Since the Roman Republic, in the past, notaries public have drawn important documents and records writing for business and employment. During the times of the Roman Empire, notaries public were known under various titles in Latin, such as “scriba”, “cursor”, tabularius”, “tabelio”, “exceptor”, “actuaries”, and “notarius”, according to the historical times in which they lived and the duties performed. Notaries public are subject to regulation by law since the later days in Ancient Rome. Some of the notarial acts have been granted degrees of authenticity to be designated as public instruments and were required to be kept as records to be deposited in public archives for the government.
Notaries public are commissioned by the State of Illinois, Office of the Secretary of State Jesse White. Their term of office is four (4) years from the time of commission.
Throughout history, in the early past, notaries public were well known functionaries during the times of the great Charlemagne who vested notarial acts by scribes with public authority and provided notaries public appointments by his deputies in every locality in their territories. Charlemagne provided that each bishop, abbot, and count should have a notary public.
In England, appointed notaries public acted as “conveyancers”, before the French Norman Conquest in 1066 A.D., as shown by the fact that a grant of lands and manors was made by King Edward the Confessor, to the Abbot of Westminster by a charter written and attested by a notary public. In Great Britain, notaries public are authorized to administer oaths, and this official power is vested by statute.
The laws of the United States of America, under the Constitution and under God is similar, for notaries public and is often declared by the statutes of the various states and other jurisdictions.
It is my opinion that common law is established in the history of languages with the legal tradition of the past, interpreted in the present as precedents, to be preset in the future and beyond…the 21st century.
English common law is based on timeless, immemorial customs and legal practices founded on natural reason, persuasion, and logic. According to Edward Coke, “reason is the life of the law, nay, the common law itself is nothing else but reason”—from the First Part of the Institutes of the Laws of England or A Commentary upon Littleton by Edward Coke. Edited by Francis Hargrave and Charles Butler, (London, 1794).
Common law, within the context of its core principles, is perceived to be “timeless”. It is derived from legal authority “throughout the kingdom” as stated by Sir William Blackstone (1723-1780), in his Commentaries on the Laws of England, (1765-1769).
After the Civil War, U.S. Supreme Court Chief Justice Oliver Wendell Holmes wrote a book called, “The Common Law” (1881), in order to recognize that law evolved and that it was a byproduct/ consequence of historical events, rather than simply the result of reason. According to Oliver Wendell Holmes, “a moment’s insight is a life’s experience”.   Holmes’ book “The Common Law” focuses on experience rather than logic and has been compared as a legal analog to Charles Darwin’s “Origin of the Species” which discusses biological processes, rather than divine ones. Oliver Wendell Holmes helped to popularize the understanding that law evolves…through time, space, physical presence, and beyond the 21st century.
After the Second World War, there was a growing interest in the use of the common law as a tool for social reform. While some academics spoke of the legal process—the belief that there were methods of common law and statutory interpretation that were independent of politics existed—other academics and jurists on both ends of the political spectrum urged judges to use their common law power to remake the law on its foundations. Where once judges had wielded the law to limit corporate liability, some began to expand “tort” law to facilitate recovery of damages and losses for injured parties in hazardous conditions, as victims of crime, to dangerous drugs to professional malpractice.
Now in the 21st century, Modern America continues to practice “common law” as a byproduct of generations of judicial decisions and during the course of time and beyond. Common law is understood to be the result of judge-made innovations, interpretation, application, and perception of the circumstances involved in judicial case review. However, a more conservative conception of the common law has been re-emerging in the U.S. Supreme Court under Chief Justice John G. Roberts and fellow jurists, scholars, and colleagues during 2007. During the first term of office appointed by President George W. Bush, Chief Justice John G. Roberts moved the U.S. Supreme Court toward a new conservative direction within the context of President Bush’s “faith-based initiative”.
Since 1607, and for the last 400 years, judges still grapple and deliberate with new legal actions and struggle to apply precedents. Modern day judges are still using, applying, and interpreting the English common law system to date as a legal foundation to establish law practices for justice, equity, and fairness under the Constitution of the United States, and under God, throughout the 21st century and beyond…in the spirit of the times. Zeitgeist!
 
 
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family.Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader’s Digest Association, Inc., New York, 1971.Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader’s Digest Association, New York, 1971.

Periodical, ‘The Week’, May 18, 2007 on the “400th Anniversary of Jamestowne, Virginia”.

Periodical,”The Week”. July 6-13, 2007. News. Main Stories. “The Roberts Court Chars a new direction”.
Periodical, ‘Newsweek’. Ideas, ‘Ties of Blood and History: Sir Winston Churchill’, February 26, 2007.
McCrum, Robert et al. The Story of English. BBC Public Television Series.The Illinois Sheriff, Spring 2005. ‘Roots. A Historical Perspective of the Office of the Sheriff’. DeKalb County Sheriff Roger Scott.

Fortescue, John (1394-1477). De Laudibus Legum Angliae. In Praise of the Laws of England.

http://www.answers.com/topic/commonlaw

John Marshal School of Law in Chicago, Illinois, USA.

Canada‘s Court System, Department of Justice Publication.

American Heritage Dictionary.Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, Chancery Division, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.

Churchill, Winston. A History of the English-Speaking Peoples.

Roberts, Andrew. A History of the English-Speaking Peoples since 1901.

QPB Dictionary of Ideas. Quality Paperback Book Club. (New York: Helicon Publishing Ltd., 1995 in the United Kingdom under the title The Hutchinson Dictionary of Ideas), page 108, Common Law.

Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
Anderson’s Manual for Notaries Public. Fifth Edition. Gilmer, Wesley, Jr., B.A., M.S.L.S., J.D. W.H. Anderson Company. Cincinnati, 1966.
Richard, Tom, PhD. Professor Emeritus of Linguistics, University of Wisconsin, USA.Hung, Gardenia C., M.A., B.A., Communications, Languages & Culture, Inc., 502 S. Westmore-Meyers Road, Lombard IL 60148-3028 USA. Email: GardHn@netscape.net

 
 

 

 

[1] QPB Dictionary of Ideas. Quality Paperback Book Club. (New York: Helicon Publishing Ltd., 1995 in the United Kingdom under the title The Hutchinson Dictionary of Ideas), page 108, Common Law.
[2] Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
[4] The Illinois Sheriff. Spring 2005. A magazine published by the Illinois Sheriff Association. “Roots. A Historical Perspective of the Office of the Sheriff”. By DeKalb County Sheriff Roger Scott. Pages 6-7.
[5] Anderson’s Manual for Notaries Public. Fifth Edition. Gilmer, Wesley, Jr., B.A., M.S.L.S., J.D. W.H. Anderson Company. Cincinnati, 1966. Chapter 1, Page 2.
[6] The Week. July 6-13, 2007. News. Main Stories. “The Roberts Court Charts a new direction”.
 
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law.  A Practical Guide to Everyday Law and How It Affects You and Your Family.  Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972.  Reader’s Digest Association, Inc., New York , 1971.Family Legal Guide. A Complete Encyclopedia of Law for the Layman.  Reader’s Digest Association, New York , 1971.

Periodical, “The Week”, May 18, 2007 on the “400th Anniversary of Jamestowne , Virginia ”.

Periodical, “Newsweek”. Ideas, “Ties of Blood and History:  Sir Winston Churchill”, February 26, 2007.

McCrum, Robert et al. The Story of English.  BBC Public Television Series.

The Illinois Sheriff, Spring 2005.  “Roots.  A Historical Perspective of the Office of the Sheriff”.  DeKalb County Sheriff Roger Scott.

Fortescue, John (1394-1477).  De Laudibus Legum Angliae.  In Praise of the Laws of England .

http://www.answers.com/topic/commonlaw

Canada‘s Court System, Department of Justice Publication.

American Heritage Dictionary.

Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.

Churchill, Winston.  A History of the English-Speaking Peoples.

Roberts, Andrew.  A History of the English-Speaking Peoples since 1901.

Richardson, Tom PhD. Professor Emeritus of Linguistics, University of Wisconsin , USA .

Hung, Gardenia C., M.A., B.A. Communications, Languages & Culture, Inc., P.O. Box 1274,  502 S. Westmore-Meyers Road , Lombard IL   60148-3028 USA . 


The Estate of Roberto Hung & Family was purchased in the name of the late Mr. Roberto Hung, Sr., who became a victim of crime after he purchased Lombard real estate property and became a registered Lombard homeowner for P.I.N. 06-09-315-038-0000, real estate property legally acquired and recorded in Du Page County, during September 2, 1993 through September 2, 1996 and paid in full at the Maple Park State Bank with cash retirement funds, IRA money markets, and 401K monies accrued in employment savings through profit-sharing invested at Felt-Pro, Inc. auto gasket company, also known today as Federal Mogul Corporation Sealing Systems, located at 7450 North McCormick Boulevard, in Skokie, Illinois 60076-8103. Felt-Pro, Inc.–managed and family-owned by Lewis C. Weinberg, the Lehman Brothers, Mr. Kessler, and others, along with son David Weinberg and daughter, Barbara Kessler.

Mr. Roberto Hung, Juris Doctor

 

In 1996, Mr. Roberto Hung turned 65 years of age and decided to continue working during the day at The Pampered Chef, located at One Swift Road in Addison, Illinois.   Then, Mr. Hung added part-time work hours at night and during the weekends at Dominick’s Food Stores in Oakbrook Terrace to supplement his retirement income.  Mr. Hung became a U.S. citizen in Chicago, of Cuban and Chinese descent.

Mr. Roberto Hung was abused and victimized while he worked for The Pampered Chef in Addison and Dominick’s Food Stores in Oakbrook Terrace in Illinois.  Mr. Hung became a victim of crime after he purchased Lombard Real Estate property at 502 S. Westmore-Meyers Road and Washington Boulevard, one block southeast from St. Pius X Catholic Church and School in the Village of Lombard, DuPage County, Illinois USA.

Mr. Roberto Hung, J.D., Daughter, and Son in the Village of Lombard, DuPage County, Illinois USA

 

The late Mr. Roberto Hung Sr., was a retired Cuban-Chinese attorney, who worked as Municipal District Attorney in Santiago de Cuba, while he also served as judge for the Municipal District Court of Santiago de Cuba, in Oriente, Cuba. Mr. Roberto Hung was a graduate cum laude from the Law School at the University of La Habana in Cuba. In the State of Illinois, Du Page County, Mr. Roberto Hung became a Lombard resident homeowner, U.S. citizen, and also a paying member of the Illinois Sheriffs Association, who contributed to local, state, and presidential cash fundraisers, to include donations to the Lombard Fire Department and Police Department, and other national charities. On December 22, 1996, he had written a donation checks for the Lombard Fire Department and to his son Robert S. Hung, after paying his household bills, before he became injured at home, 502 S. Westmore Avenue in Lombard, Du Page County, Illinois.

After Mr. Roberto Hung paid for the Lombard real estate property, he was abused as a resident homeowner, taxpayer, and U.S. citizen. On December 22, 1996, Mr. Hung was injured at home in Lombard after 9:00 PM, before Christmas Day. Mr. Roberto Hung survived the traumatic brain injury when his eldest daughter Gardenia C. Hung provided first responder’s emergency assistance and called 911 in the Village of Lombard. After Mr. Hung recovered from a stroke in 1997, he was throttled and murdered by the respiratory therapist Ben Aguilar at Vencor Northlake Hospital, on June 18, 1998, in Northlake, Cook County, Illinois.

Coincidentally, Felt-Pro, Inc., the automotive gasket sealing magnet, known for a wide-range of worker benefits was also sold in 1998, in the amount of $720 million dollars to Federal Mogul Corporation based in Michigan and nation-wide. Ten years later, Mr. Lewis C. Weinberg died, on Thursday, October 30, 2008, at his Chicago home in Illinois, at the age of 93 years old.  Since Felt-Pro, Inc. was sold in 1997, Mr. Roberto Hung became abused, injured, and eventually murdered, while holding Lombard real estate property, residency, and homeownership in the County of Du Page.

For the record, the estimated market value of the subject property was $272, 850.00 in 2008, plus the value of family, personal, professional business assets of the Hung Family in Lombard, Du Page County, Illinois. The Lombard Brick Bungalow, built in 1927, was damaged extensively by public use and unauthorized access entries by the Lombard Police Department, the Fire Department, the Village of Lombard, and other intruders during the course of municipal services and operations which caused detrimental disaster, roofing water damages , plumbing flooding and demolition losses. On Wednesday, November 5, 2008, the Lombard Fire Department, instigated by Keith Steiskal, and others, demolished the Lombard Historic Brick Bungalow at 502 S Westmore-Meyers Road in Du Page. Now the Hung Family is petitioning for cash compensation, restitution, and financial remuneration by the Village of Lombard and others who have publicly used the private property owned by the Hung Family in the Estate of Mr. Roberto Hung Supplemental Care Trust.

FOR THE RECORD, MR. ROBERTO HUNG, NEVER RECEIVED THE SENIOR CITIZENS HOMESTEAD EXEMPTION, EVEN THOUGH HE PAID IN FULL FOR THE PURCHASE OF THE LOMBARD HISTORIC BRICK BUNGALOW BUILT IN 1927. On September 2nd, 1993, Mr. Roberto Hung purchased the Lombard Historic Brick Bungalow from Debra Y. Sekrecki, with an initial down payment of $2,000, as earnest money paid by personal check, added to the total cash payment of $88,000 at a fixed interest rate not to exceed 8.00% per year, amortized over a period of fifteen (15) years. At the time, Debra Y. Sekrecki had two (2) children, a boy and a girl, lived with Stella, the tenant upstairs, and father Adam Sekrecki. On July 11, 1993, Mr. Roberto Hung signed a Standard Residential Sales Contract from the Du Page Association of Realtors in agreement to purchase the Lombard real estate property at 502 S. Westmore Avenue in Lombard, Illinois 60148-3028, owned by seller Debra Y. Sekrecki. The original closing date was scheduled on September 11, 1993. However, Roberto Hung was called by telephone to appear sooner on September 2nd, 1993, at 3:30 p.m., at the law office of Alan Dakoff, Telephone: 708-966-0488, located at 9291 North Maryland, in Niles, Illinois 60714, U.S.A. Century 21, Action Real Estate provided a Buyer Service Pledge presented by Steve Block, Telephone: 630-627-5500, and Dino, the real estate agent with Roberto Hung, signed in agreement. Afterwards, Roberto Hung received a copy of Rider 412, Buyer’s Inspection which he signed as buyer with Debra Sekrecki, as seller.

In 1993, Century 21, Action Real Estate described in a listing the Highlights of the Lombard Historic Brick Bungalow at the corner of Westmore Avenue and Washington Blvd., owned by Debra Y. Sekrecki with tenant Stella. At the time, the Du Page County Real Estate Taxes were only $2,744 for the brick house. After Roberto Hung purchased the same Lombard Brick House, the Lombard property taxes doubled for more than $4,000, without providing the Senior Citizens Homestead Exemption as a tax credit. This Lombard Brick Home is located near Westmore Elementary School and St. Pius X Church School, Jackson Middle School, and Willowbrook High School. George Hornbeck’s Parcel No. 06-09-315038 is a subdivision, spacious 4-bedroom brick home with a second floor in-law or potential income arrangement. There are nine (9) rooms available with hardwood floors. Full finished basement. Front and rear enclosed porches for added living space. Fully fenced yard with a gas grill. There is a 2-car garage. Public transportation is available. This Lombard home is close to school and shopping, near the Eastgate Center and State of Illinois facilities for the Secretary of State Vehicle Licenses Center and the Illinois Employment and Training Center (I.E.T.C.). Action Real Estate for Century 21 was serving Du Page and Cook counties at the Lombard Pines Shopping Center, 1125-J South Main Street, Lombard, Illinois 60148, in care of realtor Dino. The real estate closing documents for purchase were prepared by Attorney Dean G. Galanopoulos and Robert G. Galgan, Jr. Atty. No.1948, at 340 West Butterfield Road, Elmhurst, Illinois 60126.

The First State Bank of Maple Park mailed a letter on November 10, 1995 to Mr. Roberto Hung, which notified the Lombard homeowner that the bank was transferring the servicing of the Loan Mortgage to the Dime Savings Bank of New York, FSB, P.O. Box 985, Newark, New Jersey 07101-0985. Customer Service Park, 231 East Avenue, Suite 200, Tel. 1-800-222-0912. Robert Hung was informed that the mortgage rates would increase as a balloon mortgage for the Dime Savings Bank of New York. Since Robert Hung did not want to incur additional mortgage interest rates, He Decided To Pay in Full Cash for the remainder balance of the Lombard Real Estate Property for P.I.N. 06-09-315-038, Lot 2 in George P. Hornbeck’s Resubdivision of Part of the West one-half of the South West one-fourth of Section 9, Township 39 North, Range 11, East of the Third Meridian, According to the Plat thereof recorded on February 19, 1980 as Document No. R80-10413, in Du Page County, Illinois.

On September 2nd, 1996, Mr. Roberto Hung completed full cash payment of the Lombard Brick Home at First State Bank of Maple, located at 1100 County Line Road, Maple Park, Illinois 60151, in care of Joy S. Reynolds, Tel. (815) 827-4000, Fax. (815) 827-3207, Toll Free No. 1-800-449-2700, while Bruce Madden was president of the First State Bank, and witnessed by his daughter, Gardenia C. Hung, and the bank manager. Mr. Roberto Hung and his eldest daughter, married to Nathan S. Wittler, improved the Lombard Brick house by adding oak cabinets, an exterior halogen flood night light, (2) automatic garage door openers, changed all door locks, added gardening landscaping, apple trees orchard, and perennial flowers, and exotic plant species.

On December 22, 1996, Mr. Hung was injured at home in Lombard after 9:00 PM, before Christmas Day. After recovering from a stroke in 1997, Roberto Hung was throttled and murdered by the respiratory therapist Ben Aguilar at Vencor Northlake Hospital, on June 18, 1998.

We are remembering how Mr. Roberto Hung was murdered at Vencor Northlake Hospital by Respiratory Therapist Ben Aguilar in Cook County, Illinois, while he was a critical care patient under the medical care of Dr. Grodzin, M.D. from Elmhurst Memorial Hospital and previous medical care of Dr. Tom Cornwell M.D., and Nurse Nancy Minch, R.N., with CNA Carol and Jennifer… from Home Care Physicians in Winfield, Illinois USA.

Consulting Media Arts Communications©2012 Gardenia Hung.  All Rights Reserved.


“Interpreting and Translation as Communication Processes for the 21st Century”                                                          
Communications, Languages & Culture, Inc. 
ABSTRACT 
This proposal will present “Interpreting and Translation as Communication(s) Processes for the 21st Century” in order to associate the status of interpreting and translation to existing communication processes and establish the future of the interpreting and translation profession within the field of communication(s) using the Transactional Model of Communication (Barnlund, 1970) as a frame of reference.  Interpreting and translation are both expressions of communication processes in a different way, shape, and form.  Consequently, interpreting and translation are to be included, considered, and taught as related disciplines to the field of communication(s) for the future of the profession. The transactional communication model perceives human communication as a simultaneous, interdependent process, in which the speaker servers as the listener and the listener as a speaker, in tandem.  It is also symbiotic, that is to say, mutually beneficial to the source and the receiver, since each one exists in relation to the other.  The source of communication, as well as the receiver of the message, are continuously exchanging information in a cyclical pattern. In the same way, the interpreter and the translator, both have dual communicative functions, outputting and inputting messages, be these spoken or written.  Interpreting requires verbal interaction between an interpreter and a speaker in an oral mode—unless it is an interpretation of sight reading of a written document.  Translation invites non-verbal interaction between a translator and a reader in written form.  Given that communication(s) involve speaking, listening, reading, and writing, then interpreting and translation are means of communication(s) and should be associated as communicative processes within the same field; thus granting interpreting and translation the status deserved for the future of the profession as partners in the field of communication(s).
 
INTRODUCTION 
This proposal will present “Interpreting and Translation as Communication Processes for the 21st Century” in order to associate the status of interpreting and translation to existing communication processes and establish the future of the interpreting and translation profession within the field of communication using the Transactional Model of Communication (Barnlund, 1970) as a frame of reference.  Interpreting and translation are both expressions of communication processes in a different way, shape, and form. Consequently, interpreting and translation are to be included, considered, and taught as related disciplines to the field of communication for the future of the profession. 
I want to propose the integration of interpreting and translation in the field of communication because these two disciplines are expressions of human communication processes.  Based upon years of experience as a communicator, who is also an interpreter and translator, I perceive the relationship that interpreting and translation have in communication(s) through speaking, listening, writing, and reading, here and now,  in our everyday world.   
I have been a community college professor teaching Medical Spanish communication(s) to healthcare professionals, as well as Conversational Spanish, English (093): Preparation for College Writing III, English 101, 102, 103, and 105, in DuPage County, Illinois, USA.  I have worked with nurses, therapists, paramedics, physicians, assistants, social workers, volunteers, and administrative personnel at local hospitals and medical training centers in the area who wanted to use Spanish for Communication(s) in a health care setting as interpreters and translators to facilitate communication in Spanish and English for the patients and visitors at their medical facility.  In addition, I have also taught college students taking English courses who enrolled in the Independent Learning Center at the College of DuPage in Glen Ellyn, Illinois. Moreover, as a graduate college student, I have been a volunteer at the Emergency Room of the University of Illinois Hospital in Chicago, Illinois for a study on the delivery of healthcare and medical communication(s) to elderly patients who spoke English and Spanish.  This medical communication(s) study was sponsored by the American Gerontological Association in the United States. Furthermore, I have been a professional interpreter and translator since 1981 while I worked for the Illinois Industrial Commission in Chicago, Illinois during hearing arbitrations due to employment-related injuries suffered by Spanish-speaking workers.  Since then, I have interpreted for other government levels in the United States and miscellaneous business organizations. An interpreter and a translator, both have dual communicative functions, outputting and inputting messages, simultaneously and intertwined, be these spoken or written, to exchange and negotiate meaning with a third party. Interpreting and translation processes are examples of transactional communication(s).
For this presentation and proposal, I have applied the Transactional Model of Communication, (Barnlund, 1970), to include interpreting and translation in the field of communication(s) because it is a dynamic theory which requires interdependent and simultaneous exchange between the participants, be they interpreters, speakers, translators, readers, and writers, to negotiate meaning from one language to another.  In the Essentials of Human Communication (2002), DeVito describes the Transactional process of communication to be a more satisfying view of the exchange in which a person serves simultaneously as speaker and listener.  At the same time that a message is sent, one is also receiving messages from one’s own communication(s) and from the reactions of the other person.  The transactional point of view perceives each person as both speaker and listener, as simultaneously communicating and receiving messages (Watzlawick, Beavin & Jackson, 1967), (Barnlund, 1970), (Wilmont, 1995).  In addition, the transactional view sees the elements of communication as interdependent (never independent).   Each one exists in relation to the others. Interpreting requires verbal interaction between an interpreter, a speaker, and a third party,  in an oral mode—unless it is an interpretation of sight reading of a written document.  Translation invites non-verbal interaction between a translator, a writer, and a reader in written text form.    All the elements of  human communication processes are present in interpreting and translation.   Therefore, interpreting and translation ought to be included in the teaching of communication(s) as integrated disciplines, part of the whole field of communication(s), in order to make these two professions more pervasive and available to the general population as introductions to the fields; that is to say, we may include and offer communication courses in the Communication(s) Department of a learning institution, such as Introduction to Interpreting, Translation 101, which demystify interpreting and translation as totally separate, specialized disciplines, only taught in certain language programs, at certain designated institutions.  The integration of Interpreting and Translation in the Communication(s) curriculum and the Humanities division of higher learning bodies may be an interdisciplinary effort.  By doing so, students have more open options and the flexibility to use communication(s) beyond the scope of what has been defined and to include foreign language skills through interpreting and translation in a global forum, the local community, in the media, the business world, healthcare, the courtroom, at work, at home, etc.                                                                                                      
Including interpreting and translation in the curriculum for communication(s) would popularize these two disciplines and make interpreting and translation more acceptable choices and less ominous subjects of study to the general public specializing in communication(s) at learning institutions.  Communication(s) students would then perceive interpreting and translation as part of their curriculum and also as viable job options and skills to acquire in the 21st century, along with language skills, in addition to their mother tongue.  By offering interpreting and translation as part of the communication(s) curriculum program, learning institutions improve the students’ opportunities and job marketability in the field of communication(s) for the new millennium.  Why not integrate interpreting and translation as communication processes for the 21st century?   

Given that communication involves speaking, listening, reading, and writing, then interpreting and translation are means of communication and should be associated as communicative processes within the same field; thus, granting interpreting and translation the status it deserves for the future of the profession as partners in the field of communication(s).

 
What is communication? 
Communication is interaction among people to convey a message.  The communication process involves verbal and non-verbal dynamics to promote understanding and cooperation.  It is speaking, listening, reading, and writing.  Communication is also imaging through graphics and visuals in the media. (Hung, ICTFL 2000)   Human communication is the process by which people exchange information, (Hung, ICTFL 2001), through languages and otherwise.  Foreign languages promote understanding through interpersonal communication on a one-to-one basis, people-to-people, verbally and non-verbally, using interpreting and translation as forms of communication, from one language to another.   Languages are implemented through interpreting and translation in the fields of technology, research, and development throughout diverse professional disciplines.  Thus, languages become communication tools in the 21st century by means of interpreting and translation.  
 
How are interpreting and translation related to communication? 

 

Interpreting and translation are communication processes which involve speaking, listening, reading, and writing to express and negotiate messages between participants in the communication exchange.

 Given that these are modes of communication in our global and local community, (Hung, ICTFL 2001), interpreting and translation of languages are to be perceived as communication processes for the 21st century.   Whether we are at work, in the courtroom, during doctor-patient interviews, at the immigration  office, conferences, business meetings, etc., we need to speak, listen, read, and write in any language to communicate.  For instance, other applications of language interpreting and translation uses can be seen in satellite and global positioning systems, world-wide assistance telecommunication(s) centers; geo conferencing, videoconferencing, videophones, teleconferencing; internet delivery of instruction on-line; email tutorials; intranet web-based education; audio computer-based tests for ESL listening skills, remote learning, multimedia, etc. Interpreting through spoken communication is used simultaneously or consecutively, on a regular basis in the business world, consulate offices, legal settings, in the medical field, technically, for liaison and group escorts, telephone transactions, conferences, etc.  Translation is also a written mode, a process of communication and a language tool on-line, on the internet and the world wide web, through machines, electronically, commercially, legally, medically, and otherwise.      Ian Mason has defined spoken dialogue interpreting in Triadic Exchanges as a generic term covering diverse fields of interpreting which have in common the basic feature of face-to-face interaction between three parties: the interpreter and (at least) two others, a source-speaker, a receiver-listener.  The communication exchange and/or transaction consists of spontaneous dialogue interaction, involving turn-taking conversation, in two languages, a source and a target. It is usually goal-directed in the sense that there is some outcome or message to be negotiated.  The interpreter is perceived as one of the parties to this three-way exchange, in which each participant’s moves can affect each participant and thus the outcome of the event.  The interpreter is a “critical link” in spoken triadic communication. Translation as a communication process also involves a three-way transaction for meaning between the writer, the reader, and the translator in a written format–it is a semantics exchange.  According to Random House Webster’s Dictionary, a translation is a rendering of the same ideas in a different language from the original text.  A translator communicates the writer’s message to the reader from one language to another through written text.  In the same way that a computer compiler decodes and encodes data from a high level language to a machine language, a human translator decodes and encodes the assigned meaning of symbols from a source language to a target language. 
 
From where is the Transactional Model of Communication derived? 
Dean C. Barnlund discussed a Transactional Model of Communication in 1970 while working with J. Akin, A. Goldberg, G. Myers, and J. Stewart on their research using Computer Compilers as seen in Language Behavior: A book of readings in communication, (pp.43-61), published by The Hague: Mouton. For our purposes, a Computer Compiler is a software that translates a program written from a high-level language into another language, usually a machine-based language, by means of a “compiler”, that is a “translator”.  Compilers in computer-based formats convert a program, data, code, etc., from one form to another, that is to say, a Fortran program into assembly-based machine language, according to Random House Webster’s Unabridged Dictionary. 
 
In the 21st century interpreters and translators might as well be human “compilers” and/or information processors from one language to another.  Interpreters and translators facilitate communication(s) from one language to another on behalf of others.  These communicators convert a message from the source to the receiver, from one language to another, in a triadic exchange of information.  Although some people address interpreters as translators interchangeably, we know that interpreters work primarily in a spoken/aural format and translators function primarily in a written/visual mode.  Just as a computer compiler translates a software program written from a high-level language into another, interpreters and translators process an exchange of semantics information simultaneously from the source speaker/writer to the receiver/reader, from one language to another, in a verbal or written format.  Interpreters and translators negotiate the meaning and content of a message formulated by the source and/or the receiver in sync with the transactional model of communication(s) based upon computer compilers (Barnlund, 1970).  
In addition to the application of the transactional theory to communication(s), Ling Liu, Calton Pu, and Robert Meersman have also researched and developed a computer-based Transactional Activity Model for Organizing Open-Ended Cooperative Flow Activities.  This computational application is based upon a number of extended transaction models which have been proposed to support information-intensive applications, such as CAD, computer-aided drafting, CAM, distributed operating systems, and software development It is a mathematical algorithm which integrates two mergeable activities to ensure a merged history from two correct histories.  It establishes the existent dependencies between two activities.  These activities are structured programs that exchange information with other activities, databases, files, and users.  The system covers a family of dynamic activity restructuring operations, as well as other important features of the Transactional Activity Model (TAM). 

CONCLUSION

 
This proposal has presented “Interpreting and Translation as Communication(s) Processes for the 21st Century” in order to associate the status of interpreting and translation to existing communication processes and establish the future of the interpreting and translation profession within the field of communication(s) using the Transactional Model of Communication (Barnlund, 1970) as a frame of reference.  As you know, interpreting and translation are both expressions of communication(s) processes in a different way, shape, and form.  Consequently, interpreting and translation are to be included, considered, and taught as related disciplines to the field of communication(s) for the future of the profession. As we have discussed earlier, the transactional model of communication perceives human communication as a simultaneous, interdependent process, in which the speaker serves as a listener and the listener as a speaker, in tandem.  It is also symbiotic, that is to say, mutually beneficial to the source and the receiver since each one exists in relation to the other. The source of the communication, as well as the receiver of the message, both are continuously exchanging information in a cyclical pattern In the same way, the interpreter and the translator, both have dual communicative functions, outputting and inputting messages, be these spoken or written.  Interpreting requires verbal interaction between an interpreter and a speaker in an oral mode—unless it is an interpretation of sight reading of a written document.  Translation invites non-verbal interaction between a translator and a reader in written form.  Given that communication(s) involve speaking, listening, reading, and writing, then interpreting and translation are means of communication(s) and should be associated as communicative processes within the same field; thus granting interpreting and translation the status deserved for the future of the profession as partners in the field of communication(s). Although I have taught at the community college level for many years, I am not aware of any learning institutions that currently include Interpreting and Translation in the Communication(s) curriculum program.  That is one of the reasons why I decided to present this proposal at this FIT 2002 conference focusing on Translation: New Ideas for a New Century in Vancouver, British Columbia, CANADA.  As far as I am aware, Interpreting and Translation are not widely taught nor included in the curriculum programs at institutions of higher learning.  As far as I know, there are designated institutions world-wide that teach Interpreting and Translation.  However, these two disciplines are not readily available now as courses of study to the general public or communication(s) enthusiasts at institutions of higher learning.  Perhaps my proposal to regard Interpreting and Translation as Communication Processes in the 21st Century will note and highlight the need to include and integrate Interpreting and Translation in the field of Communication(s) at academic institutions for the benefit of future communicators in the new millennium. 
 
REFERENCES AND SOURCES 
Barnlund, Dean C.  (1970) A Transactional model of communication.  In J. Akin, A. Goldberg, G. Myers, and                J. Stewart (Compilers), Language behavior: A book of readings in communication, (pp.43-61).                The Hague: Mouton, The Netherlands. Baron, Sara, M.A., M.S.  http://www.lilb.umb.edu~sara  (2001) COMSTU 200, Introduction to Communication(s),                University of Massachusetts, Boston, USA                DeVito, Joseph A.  (2002) Essentials of Human Communication.  Fourth Edition.  Hunter College.  The City of                New York.  Boston: Allyn & Bacon, A Pearson Education Company, USA. Diccionario de Informática Inglés-Español.  Glosario de Términos Informáticos.  Sexta Edición.  (1985)                ParaInfo Madrid.  Olivetti Centro de Formación Personal. Hung, Gardenia C., M.A.  Conversational Spanish for Business(1997-2000) Business Professional Institute.                College of DuPage, Glen Ellyn, Illinois, USA. Program Managers Kim Ramey and Donna Marchant.                Hung, Gardenia C., M.A.  Spanish for Healthcare Professionals.  Bilingual Resources by Small Group   Collaboration.  Winter 2000.  College of DuPage, Continuing Education for Healthcare Professionals.                Glen Ellyn, Illinois, USA.  Prepared and edited medical interpreting and translation information for                healthcare professionals in DuPage County, Illinois from 1997 through 2000. Hung, Gardenia C., M.A.  Spanish for Healthcare Professionals & Service Learning.  Winter 1999.  Prepared for               Kathy Hennessy, Service Learning Coordinator, College of DuPage, and  Continuing Education for                Healthcare Professionals, Glen Ellyn, Illinois, USA. Hung, Gardenia C., M.A.  Spanish Tutoring(1999-2000) Continuing Education Program.                College of DuPage, Glen Ellyn, Illinois, USA.                 Hung, Gardenia C., M.A.  “Communicate: Speaking, Listening, Reading, and Writing in Foreign Languages”.                Presentation at the Illinois Council on the Teaching of Foreign Languages Conference 2000, Friday,                October 20, 2000, Carlyle Room at the Wyndham Hotel, Itasca, Illinois, USA.   
 
REFERENCES AND SOURCES 
Hung, Gardenia C., M.A.  “How Are Languages Used as Communication Tools in the 21st Century?”.                Presentation at the Illinois Council on the Teaching of Foreign Languages Conference 2001, Saturday,                October 20, 2001, Barrington Room at the Wyndham Hotel, Itasca, Illinois, USA. International Book Distributors, ibd ltd., Freek Lankhof, P.O. Box 467, Kinderhook, NY 12106 USA Internet Website, http://www.americantranslators.org/divisions/FLD/fldfaqs.htm                 FAQs about Interpreting, Gardenia C. Hung, M.A., (1999) French Language Division, Frequently Asked                Questions about Interpreting, American Translators Association, USA. Kelling, George W.  (1975) Language: Mirror, Tool, and Weapon.  Chicago: Nelson-Hall.  Levinson, Paul.  (2001) Digital McLuhan.  A Guide to the Information Millennium.  London and New York:               Routledge, Taylor & Francis. Liu, Ling and C. Pu.  A transactional activity model for organizing open-ended cooperative activities.              Technical Report TR96-11.  Department of Computer Science, University of Alberta, Canada                http://citeseer.nj.nec.com/43023.html Logan, Robert K.  (2000) THE SIXTH LANGUAGE.  Learning a Living in the Internet Age.  Toronto:  Stoddart                                                                                                                                                                                    Mason, Ian, Editor.  (2001) Triadic Exchanges.  Studies in Dialogue Interpreting.  United Kingdom:          St. Jerome Publishing.  Edited by Ian Mason, Heriot-Watt University, Edingburgh Centre for                           Translation and Interpreting Studies in Scotland, United Kingdom.Mason, Ian.  (1997)
                                                                                                                                                                            The Translator as Communicator.  Routledge. Mikkelson, Holly.  (1994) A Training Program for Spanish/English Medical Interpreting.                Spreckles, California: ACEBO. Nuevo Espasa Ilustrado 2000.  Diccionario enciclopédico.  Espasa Calpe, S.A. España. Petit Larousse Illustré.  (1987) Larousse: Paris, France. Public Speaking Module One.  Public Speaking as a Communication Process.  Notes from the Instructor.                On-Line Learning.  Web-based instruction for Communications Models and Theories. Random House Webster’s Unabridged Dictionary (1998) New York, USA. 

Consulting Media Arts Communications©2012 Gardenia Hung. 

All Rights Reserved.


During August 4-11, 2002, international translators and travelers flocked to the Pacific Northwest and lived a “full Vancouver” stay at the Fairmont Waterfront Hotel by the harbour. FIT 2002 sponsored the XVI World Congress in Canada to host this event for the first time in North America, “Translation: New Ideas for a New Century”. The proceedings have been published by FIT, www.fit-ift.org  The Secrétariat headquarters is now based in Switzerland.

On my return visit to Vancouver, I was looking forward to seeing again the World’s First Steam Clock in Historical Gastown, only a few blocks away from the Fairmont. The Steam Clock is a quaint, Victorian timepiece powered by old-fashioned ingenuity, simple, basic “steam”, originating from an underground steam heating system which also heats local buildings and the underground shopping mall, the Pacific Centre.

The Gastown Steam Clock chimes Victorian times, every quarter hour, blows its whistle, and spews a visible puffy cloud of steam on the hour while it plays its Westminster chimes. Its puffy steam whistle is reminiscent of an old fashioned train locomotive at the turn of the 19th century, like those used in the first Canadian Pacific Railway and the steam-powered ferry boats to Vancouver Island.

Federation of International Translators Conference in 2002— “Interpreting & Translation: Communication Processes for the 21st Century”

My proposal was selected to be presented as part of Translation: New Ideas for a New Century among others sponsored by the Federation of International Translators (FIT) in 2002, at the XVI World Congress in Vancouver, B.C., Canada. I presented the thesis for “Interpreting & Translation as Communication Processes for the 21st Century”.

This new idea proposes to associate the status of interpreting and translation to existing communication processes and establish the future of the interpreting and translation profession within the field of communication using the Transactional Model of Communication (Barnlund, 1970) as a frame of reference. Interpreting and translation are both expressions of communication processes in a different way, shape and form.

Consequently, interpreting and translation are to be included, considered and taught as related disciplines to the field of communications, for the future of the profession.

The Transactional Model of Communication perceives human communications as a simultaneous, interdependent process, in which the speaker serves as the listener and the listener as the speaker, in tandem. It is also symbiotic, that is to say mutually beneficial to the source and the receiver, since each one exists in relation to the other. The source, as well s the receiver, are continuously exchanging information in a cyclical pattern.

In the same way, the interpreter and the translator both have dual communicative functions, outputting and inputting messages, be these spoken and written. Interpreting requires verbal interaction between an interpreter and a speaker in an oral mode—unless it is an interpretation of sight reading of a written document. Translation invites non-verbal interaction between a translator and a reader in written form. Given that communication involves speaking, listening, reading and writing, then interpreting and translation are means of communication and should be associated as communicative processes within the same field; thus granting interpreting and translation the status deserved for the future of the profession, as partners in the field of communication, in the 21st Century.

Another excellent excuse and alibi to visit Vancouver, B.C. is to see my Chinese Grandmother, cousins, and relatives living there. Although I do not see them often enough, I always look forward to visiting with them again whenever I return to Gum-shan or the Gold Mountain in Canada.

My Chinese Grandmother is an octogenarian who is well-loved by all her grandchildren, children and relatives alike. I am glad to have seen her in 2002 in the company of my cousins Gary, Diane, Wayne, Harry, and the entire family. Gary was so kind to me in driving to the Vancouver International Airport, early, early on Sunday morning, so I would not miss my AA return flight to St. Louis-Chicago. I am very grateful that he is an early-riser and a good driver in the morning to pick me up at the Fairmont Waterfront without fail. Thank You, Gary!

Grandma in Vancouver must have been born at the turn-of-the 20th century, during Victorian times. I met her in my childhood, during her visit to Santiago de Cuba, Cuba from Hong Kong, China and Vancouver, Canada.

My other Grandmother also remembered me well as a loving child and helpful confidante. I used to help her with her gardening chores, knitting yarn tasks, cooking, at her boutique store, and household errands. The other day, I remembered her also because I found the beautiful mint green shawl she crocheted for me with long tassels at the end—this Victorian mint green shawl is a symbol of her love for Irish green heirlooms and handcrafts, for she was born at the beginning of March 1901, around St. Patrick’s Day, at the turn-of-the 20th century also. A Freemason friend told me that this heirloom mint green shawl is a symbol of her Irish love and wish for me… It is still a sign of Victorian times in the 21st century to wear a shawl over a nightgown on a drafty evening or morning.

It is nice to remember our elderly grandmothers and grandfathers, though they are old and weathered with age and health care concerns. Their presence in our lives always brings fond memories of our childhood years, their presents for us, and the promises made on our behalf to others who minded us a children and during our growing up years.

My Grandmother’s minty green shawl is a reminder for me of a promise made on my behalf to another who remembers March as St. Patrick’s Day. I hope that her promise comes true in 2003! — Gardenia C. Hung

Victoria: The Butchart Gardens in Vancouver Island, B.C.

At Tsawwassen, passing Point Roberts at the 49th Parallel, which borders Canada and the U.S.A., the B.C. Ferry Boats loaded with cars, motorcycles, tour buses, and passengers, cross the Strait of Georgia all together to the Saanich Peninsula in Vancouver & the Gulf Islands and dock at the Ferry Terminal in Swartz Bay. Upon arrival, all vehicles and passengers land and drive away through Sidney, Saanichton, and the island flora countryside to the Butchart Gardens—originally a limestone quarry opened for public display in 1904. The exotic hybrid flower varieties, the vibrant colors, and lush greenery, entice gardeners and flower enthusiasts worldwide to visit this forest paradise and relax.

Localized watering, special plant nourishment and daily care are shown by the local gardeners who display the result of their labor in all its flower splendor and wonderful beauty.

Victorian Times (1837-1901)

In June 1837, young Victoria became Queen of Britain at age 18, and many changes took place along with her reign until 1901. Queen Victoria defined her time, trends, fashions, mores, world exploration, navigation, progress, thought, and places, as a turning point in the history of Europe and the world. The 19th century is also known as Victorian Times; in turn, these gave way to the Industrial Revolution. Victorian times marked a transition point between the old and the new modern era in Europe and the Americas, driven by new thoughts, ideas, and man-made machines during the 20th century.

Vancouver Island in British Columbia also has claimed the name of Victoria for its provincial capital since 1868, originally known as Fort Victoria—the first European settlement on Vancouver Island and the westernmost trading outpost of the British-owned Hudson’s Bay Co. in 1843. Victoria offers visitors a glimpse of the 19th century with its restored historical architecture, Victorian flower gardens, harbour walks and quaint surroundings. Traveling back in time to Downtown Victoria, set the tone of my historical journey, past the Miniature World Museum, the world of Dickens, the world’s largest model railroad, and the greatest small-scale circus.

Then on Government Street is the Fairmont Empress, an architectural relic built at the turn-of-the century in 1908 by the Canadian Pacific Railway during the Canadian Gold Rush.

High Tea at the Empress Fairmont on Government St.

The Crystal Room at the Empress Fairmont boasts a lovely, sparkling Victorian crystal chandelier and old world elegance, worth remembering at High Tea, around 4 o’clock in the afternoon—whenever the Library has been reserved to the fullest. Afternoon tea at an Edwardian grand château hotel is a memorable experience, harborside on Government St., Victoria, across from the Parliament Buildings . Designed by Francis Rattenbury, famous British architect, the Empress Fairmont is the historical landmark of the Canadian Pacific Railway at the turn of the 20th century.
High Tea at the Empress includes top quality, house blend, light, delicate tea, a substantial variety of finger sandwiches—smoked salmon, cucumber, carrot and ginger, watercress—tea cakes, fruit tarts, fresh berries and cream, scones, strawberry preserves, honey, and thick Jersey cream. Late afternoon tea is meant to quench the appetite in between meals and entertain the palate before dinnertime and after a long Victorian stroll by the Inner Harbor Walk.
Vintage photos line the Lobby Entrance as a time line of prominent visitors and dignitaries—the historical archives are downstairs, open to the public anytime.

During the Vancouver 2010 Winter Olympics in British Columbia, I have been reminiscing about my travels to Canada. The first time I visited British Columbia, I landed in Vancouver Island for an international volleybal tournament with my younger brother and his volleyball sports fanatics in 1990. The trip to Vancouver, B.C. in Canada was a good reason to visit my Chinese relatives Barry Ng and family with the Chinese Grandmother, and Diane Chong and her family in Richmond, B.C. At that time, I went up hiking to Grouse Mountain in the skilift. Grouse Mountain is the current site for the Vancouver 2010 Winter Olympics televised by NBC 5. This morning, I was watching the gold medalist athletes performing and the travel tour to Victoria.

Since then, I visited Victoria in 2002, during the Conference for the Federation of International Translators at the Fairmont Hotel in Vancouver. At that time, I went on a tour bus to Victoria and crossed the waters on the Ferry Boat. We went to the Butchart Gardens in Victoria and afterwards, I had High Tea at the Fairmont Empress Hotel, in the Crystal Room. The Fairmont Empress offers High Tea to guests, visitors and friends in the afternoon, around 4 o’clock, in the Crystal Room–overlooking the harbour. The entrance corridor displayed vintage photographs of the British Royal Family featuring King George VI with his wife and Princess Elizabeth II during their transatlantic voyage to North America.

INDIGENOUS TOTEM POLES IN VANCOUVER B.C. CANADA

THE VANCOUVER 2010 WINTER OLYMPICS HONOR CANADIAN NATIVE FIRST NATIONS DESIGNS AND MOTIFS IN THE ENGRAVINGS OF THE MEDALS. DURING A VISIT TO STANLEY PARK, THE NATIVE TOTEM POLES AT FIRST SIGHT IMPRESS YOU WITH THE ARTISTRY FOR NATURE AND FOLK ARTS AND CRAFTS. THE LARGE CANADIAN GEESE ROAMED TALL AND WILD LIKE THE CHILDREN AT STANLEY PARK IN VANCOUVER, B.C. CANADA.

Consulting Media Arts Communications©2012 Gardenia Hung.  All Rights Reserved.


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