Language, Border and Identity — a part of the book Basel as an International Financial Centre by Dr Alexander Ressos.
Part J turns from institutions and markets to a subject that rarely appears in the statistics of a financial centre, although it shapes almost every transaction that takes place in it. A financial centre lives on trust, which is created, expressed and tested in language. Clients choose an adviser whose language they understand in every nuance. Contracts are drafted in a language whose legal terms carry the weight of a particular legal order, while employers recruit from a labour market whose boundaries are drawn as much by language as by borders. Basel occupies an unusual position in this respect. This German-speaking city on the border of France and Germany speaks a dialect that differs from those of the rest of German-speaking Switzerland. At the same time, it hosts institutions whose daily working language is English.1
Language also contributes to what political scientists call soft power, meaning the capacity of a place to attract people, capital and ideas by the appeal of its culture and its institutions. Discretion, the virtue that Part C traced back to the patrician families of the Daig, has a linguistic dimension: the understatement of Basel speech and the code of what may be said in public belong to the same culture as the modest façades of the patrician houses. A city whose elites speak a dialect that outsiders understand only with effort also possesses, whether it wishes to or not, an instrument of social distinction. The chapters of this part examine how these linguistic and cultural factors support, and sometimes hinder, the role of Basel as an international financial centre.2
The five chapters of Part J follow the languages of the region from the inside outwards. Chapter I examines German in its three Basel forms: Swiss Standard German, the Swiss German dialects and the city dialect Baseldytsch, together with the legal framework of language use and the consequences for courts, contracts and the labour market. Chapter II turns to French and to the Alsatian neighbour, whose own Alemannic dialect is retreating before French. Chapter III describes English as the working language of the pharmaceutical groups, the Bank for International Settlements and the international academic life of the city. Chapter IV draws practical conclusions for multilingual contract drafting, a field in which the author, who works in German, English, French and Greek, has long practised. Chapter V closes the part with culture as soft power, from the museums and foundations of Basel to the tradition of patronage that has made the city a magnet for collectors.
This part belongs to Basel as an International Financial Centre by Dr Alexander Ressos, published here in full, section by section.
German, Swiss German and Baseldytsch — conclusion
German in Basel exists in three layers that coexist without merging. Swiss Standard German is the language of laws, contracts, judgments and newspapers, a full standard variety with its own spelling… Read more Basel · Language, Border and IdentityThe linguistic situation of German-speaking Switzerland
Visitors who arrive in Basel from Germany expect to find themselves in a German-speaking city. In a formal sense they are right. Read more Basel · Language, Border and IdentitySwiss Standard German and its Helvetisms
The written language of German-speaking Switzerland is Standard German, but it is a Standard German of its own kind. Read more Basel · Language, Border and IdentityBaseldytsch: a Low Alemannic city dialect
The Swiss German dialects belong to the Alemannic group of Upper German dialects, which extends from Alsace and Baden-Württemberg across German-speaking Switzerland to Vorarlberg in Austria. Read more Basel · Language, Border and IdentityThe Daig and the sociology of the dialect
Within the city, the dialect has long been socially differentiated. The older literature distinguishes between the speech of the old patrician families, often called Dalbe-Dytsch after the St. Read more Basel · Language, Border and IdentityFasnacht, Schnitzelbängg and Hebel
No institution illustrates the importance of the dialect for the identity of Basel more clearly than the Fasnacht, the carnival that begins with the Morgestraich at four o'clock in the morning of the… Read more Basel · Language, Border and IdentityThe legal framework of language use
Language in Switzerland is governed by a federal framework that leaves most practical decisions to the cantons. Read more Basel · Language, Border and IdentityCourts, administration and the language of proceedings
The language of proceedings in Swiss civil courts is determined by the Civil Procedure Code, which since 2011 has replaced the twenty-six cantonal codes. Read more Basel · Language, Border and IdentitySwiss legal German and German legal German
The difference between Swiss and German legal German goes deeper than the vocabulary of everyday Helvetisms. Read more Basel · Language, Border and IdentityLanguage and the labour market
Language is a powerful sorting device in the labour market of Basel. Job advertisements for positions with direct customer contact often require "very good German skills", sometimes adding that… Read more Basel · Language, Border and IdentityDialect and trust in client relationships
In client relationships, language serves as a signal of proximity. A Basel client who opens an account with the cantonal bank or with a local private bank expects to be addressed in dialect. Read more Basel · Language, Border and IdentitySchool policy, media and digital communication
The school system reproduces and modifies the linguistic situation of the canton. Swiss German children learn Standard German at school as the language of reading and writing. Read more Basel · Language, Border and IdentityFrench and the Alsatian Neighbour — overview and summary
Anyone who walks from the Marktplatz of Basel to the French border at Saint-Louis needs well under two hours, and a tram covers the distance in about twenty minutes. Read more Basel · Language, Border and IdentityA city at the edge of the French-speaking world
Basel lies at the north-western corner of German-speaking Switzerland, where the Rhine turns north and three states meet. Read more Basel · Language, Border and IdentityHuguenots, silk and the Église française
After the Reformation of 1529 had made Basel a Protestant city, the wars of religion in France during the second half of the sixteenth century brought the first waves of French-speaking Protestants… Read more Basel · Language, Border and IdentityFrench as the language of commerce and the patriciate
When French became the language of European courts, diplomacy and polite society in the eighteenth century, the merchant aristocracy of Basel followed this fashion with enthusiasm. Read more Basel · Language, Border and IdentityMulhouse: a Swiss ally in Alsace
The relationship between Basel and Mulhouse forms a special chapter in the French history of the region. Read more Basel · Language, Border and IdentityAlsace between France and Germany: 1648 to 1945
Few European regions have changed sovereignty as often as Alsace. In the Peace of Westphalia of 1648, the Habsburgs ceded their rights in Upper Alsace and the Sundgau to the French crown, although… Read more Basel · Language, Border and IdentityLanguage policy after 1945
The experience of annexation shaped the linguistic attitudes of Alsace after 1945 more deeply than any earlier change of sovereignty. Read more Basel · Language, Border and IdentityElsässisch and Baseldytsch
Linguists classify the dialects spoken in most of Alsace as Alemannic, the same group to which the dialects of German-speaking Switzerland, Baden and Swabia belong. Read more Basel · Language, Border and IdentityThe decline of German among younger Alsatians
The intergenerational transmission of Alsatian has declined sharply since 1945, with a further acceleration in recent decades. Read more Basel · Language, Border and IdentityThe French Republic and its regional languages
The legal framework for these efforts is set by the French state, which has defined itself through the French language since the Revolution. Read more Basel · Language, Border and IdentityThe Collectivité européenne d'Alsace and bilingual schooling
The administrative map of Alsace has changed twice in the last decade. The territorial reform of 2015 merged the regions of Alsace, Lorraine and Champagne-Ardenne into a single large region, which… Read more Basel · Language, Border and IdentityFrench in Switzerland: a national language
On the Swiss side of the border, French holds a strong constitutional position. Article 4 of the Federal Constitution of 1999 names German, French, Italian and Romansh as the national languages. Read more Basel · Language, Border and IdentityBasel on the language border
The proximity of the French-speaking parts of Switzerland gives Basel a regional relationship with the Romandie that no other large German-speaking city shares to the same extent. Read more Basel · Language, Border and IdentityFrench in federal institutions and in finance
In the federal capital, French is an everyday working language. Federal acts are published in German, French and Italian, with all three versions equally authoritative. Read more Basel · Language, Border and IdentityFrench speakers in Basel's economy
The pharmaceutical and life sciences groups of Basel employ large numbers of French speakers. Some come from the Romandie, many from France, and a considerable number commute daily from Alsace. Read more Basel · Language, Border and IdentityLanguage as a barrier in the cross-border labour market
Outside the large groups, language remains a serious barrier. Small and medium-sized firms in Basel, care homes, hospitals, craft businesses and retail shops expect German and often an understanding… Read more Basel · Language, Border and IdentityFrench law for Basel practitioners
Many residents of Basel own property in Alsace. Some have bought holiday homes in the Vosges or the Sundgau, while others live in Alsace and work in Basel. Read more Basel · Language, Border and IdentityThe droit local alsacien-mosellan
The most interesting legal feature of the neighbourhood is the local law of Alsace-Moselle, the droit local alsacien-mosellan. Read more Basel · Language, Border and IdentityUniversities and culture across the language border
Higher education is one of the fields in which the language border has become a resource. Read more Basel · Language, Border and IdentityThe canton's external relations
For a city-state that borders two foreign countries along most of its boundary, foreign relations are a matter of daily administration. Read more Basel · Language, Border and IdentityEnglish as the Working Language of Pharma and the BIS — overview and summary
A visitor who walks from the railway station of Basel to the round tower of the Bank for International Settlements, continues to the Novartis Campus on the Rhine and ends the day at the Biozentrum of… Read more Basel · Language, Border and IdentityA fifth language in a quadrilingual country
Switzerland describes itself as a country with four national languages, German, French, Italian and Romansh. Read more Basel · Language, Border and IdentityThe constitutional and statutory frame of language
The legal framework within which English operates in Switzerland rests on three principles. Read more Basel · Language, Border and IdentityThe Bank for International Settlements as an anglophone island
When the Bank for International Settlements was founded in 1930, the governors who negotiated its creation in Baden-Baden and at The Hague came from Belgium, France, Germany, Italy, Japan and the… Read more Basel · Language, Border and IdentityThe Basel Committee and the language of global standards
The Basel Committee on Banking Supervision, founded by the central bank governors of the Group of Ten at the end of 1974, has published its standards in English since its earliest documents. Read more Basel · Language, Border and IdentityEnglish in the pharmaceutical groups
The two large pharmaceutical groups of Basel both work in English at the level of their global management, although they reached this position along different paths. Read more Basel · Language, Border and IdentityRegulatory affairs, clinical trials and the language of science
The importance of English for the pharmaceutical industry stems from the structure of drug regulation as much as from corporate culture. Read more Basel · Language, Border and IdentityThe University of Basel and international academic life
The University of Basel, founded in 1460 and described in Part A as the oldest university in Switzerland, taught in Latin for most of its early history. Read more Basel · Language, Border and IdentityInternational schools and expatriate communities
The families of the international staff of the BIS, the pharmaceutical groups and the research institutes need schools for their children. Read more Basel · Language, Border and IdentityEnglish before Swiss courts
For a long time, a foreign company that brought a commercial dispute before a Swiss court had to conduct the proceedings in the official language of the canton and translate its evidence into German,… Read more Basel · Language, Border and IdentityArbitration in English
International arbitration is the field in which English has most clearly become the working language of Swiss legal practice. Read more Basel · Language, Border and IdentityEnglish in financial regulation and capital markets
The Swiss Financial Market Supervisory Authority FINMA issues its ordinances, circulars and decisions in the official languages. Read more Basel · Language, Border and IdentityCompany law and the commercial register
Swiss company law lets companies choose English for many purposes. A stock corporation may conduct board meetings in English, keep its board minutes in English and use English as its internal… Read more Basel · Language, Border and IdentityLegal English and civil-law concepts
The widespread use of English in Swiss commercial and financial practice creates a legal problem that goes beyond translation. Read more Basel · Language, Border and IdentitySchools, Swinglish and the language debate
The rise of English has provoked one of the most intense political debates in recent Swiss history: the question of which foreign language children should learn first at school. Read more Basel · Language, Border and IdentityLanguage and power
The spread of English raises questions of fairness and power that scholars have discussed for decades. Read more Basel · Language, Border and IdentityMultilingual Contract Drafting — overview and summary
The three preceding chapters of this Part described the languages that are spoken, written and heard in Basel: the German of the canton's institutions, the Baseldytsch of its streets, the French of… Read more Basel · Language, Border and IdentityWhy multilingual contracts arise in the Basel region
The most visible source of multilingual contracts in Basel is the life sciences industry. Read more Basel · Language, Border and IdentityLanguage clauses and the prevailing version
A contract may be drafted in one language only, in one language with courtesy translations or in two or more versions that the parties sign together. Read more Basel · Language, Border and IdentityInterpretation under Swiss law
Swiss contract law starts from Article 18 paragraph 1 of the Code of Obligations, according to which the true and common intention of the parties must be ascertained when assessing the form and terms… Read more Basel · Language, Border and IdentityGerman law: §§ 133 and 157 BGB and standard terms
German law contains two general provisions on interpretation. Section 133 of the Civil Code requires that, in interpreting a declaration of intention, the true intention is to be sought and the… Read more Basel · Language, Border and IdentityFrench law after the 2016 reform and the Toubon law
The reform of French contract law by the ordinance of 10 February 2016, which entered into force on 1 October 2016, rewrote the provisions of the Civil Code on interpretation. Read more Basel · Language, Border and IdentityEnglish law: text, context and the absence of good faith
English law is the most frequently chosen governing law in international commercial contracts, including many contracts that Basel companies conclude with foreign partners. Read more Basel · Language, Border and IdentityConcepts that do not translate
The deepest difficulty of multilingual drafting lies in legal concepts that have no exact equivalent in the other language because they belong to a different legal system. Read more Basel · Language, Border and IdentityChoice of law, jurisdiction and arbitration
Since the governing law determines which of the rules of interpretation described above apply, it is the most important single decision in a multilingual contract. Read more Basel · Language, Border and IdentityFrontier workers and consumers
Employment contracts with frontier workers combine the questions of governing law, mandatory law and language. Read more Basel · Language, Border and IdentityTranslators, notaries and the commercial register
Translations of contracts are needed for many official purposes, such as court proceedings, filings with authorities and registrations of land or companies. Read more Basel · Language, Border and IdentityMachine translation, AI and professional secrecy
Machine translation and generative artificial intelligence have changed the practice of multilingual drafting within a few years. Read more Basel · Language, Border and IdentityLessons from multilingual legislation
Contract drafters can learn from the experience of legislators who work in several languages. The European Union publishes its legislation in all its official languages, which are equally authentic. Read more Basel · Language, Border and IdentityDrafting practice
The first decision in any multilingual transaction concerns the working language of the negotiation and the authoritative language of the contract. Read more Basel · Language, Border and IdentityCulture as Soft Power: Museums, Foundations and Patronage — conclusion
Basel's culture is the product of repeated decisions to turn private wealth into public goods. Read more Basel · Language, Border and IdentitySoft power and a city
The American political scientist Joseph Nye introduced the term soft power at the end of the Cold War to describe the ability of a state to obtain what it wants through attraction, as distinct from… Read more Basel · Language, Border and IdentityThe Amerbach Cabinet as civic founding act
Part B told the story of the Amerbach family, the printers and jurists of the humanist period, and of the purchase of their collection by the city and the university in 1661. Read more Basel · Language, Border and IdentityThe Kunstmuseum Basel: buildings and collections
The holdings of the cabinet passed through several buildings before they found a permanent home. Read more Basel · Language, Border and IdentityThe Picasso vote of 1967
The episode that most clearly expresses the civic character of Basel's patronage took place in 1967. Read more Basel · Language, Border and IdentityThe Emanuel Hoffmann Foundation and the Schaulager
Part E introduced the Emanuel Hoffmann Foundation as an example of how a family can hold art in a charitable structure. Its cultural significance reaches further. Read more Basel · Language, Border and IdentityMuseum Tinguely and corporate patronage
The second great contribution of the Roche group and its founding family is the Museum Tinguely, opened in 1996 on the bank of the Rhine in the Solitude park, next to the Roche site. Read more Basel · Language, Border and IdentityFondation Beyeler and the private museum
The Fondation Beyeler in Riehen has already appeared in this book twice, as the creation of the art dealer who co-founded Art Basel and as an example of a charitable foundation. Read more Basel · Language, Border and IdentityA landscape of museums
Beyond these flagships, Basel has a density of museums that is unusual for a city of its size. Read more Basel · Language, Border and IdentityMusic: Paul Sacher and the Basel commissions
Basel's cultural reputation rests on music as much as on the visual arts. Here too one patron stands out. Read more Basel · Language, Border and IdentityThe Paul Sacher Foundation
Sacher's most durable contribution may be an archive. In 1973 he established the Paul Sacher Foundation, which opened its research centre in 1986 in the Haus auf Burg on the Münsterplatz, a few steps… Read more Basel · Language, Border and IdentityTheatre, orchestras and the cultural budget
Music and theatre depend on public money far more than museums. The Theater Basel, which combines opera, drama and ballet in one house, is the largest cultural institution of the region by budget and… Read more Basel · Language, Border and IdentityThe Kulturvertrag between the two Basels
The cultural institutions of the city serve the whole region, while their costs fall largely on Basel-Stadt. Read more Basel · Language, Border and IdentityThe Daig, discretion and the GGG
Part C described the old families of Basel, the Daig, and the culture of discretion that governed their wealth. That culture also governs how they give. Read more Basel · Language, Border and IdentityThe Christoph Merian Foundation as civic patron
The largest civic patron of Basel is the Christoph Merian Foundation, whose origin in the bequest of Christoph Merian and Margaretha Merian-Burckhardt Parts C and E have described. Read more Basel · Language, Border and IdentityArchitecture as cultural export
Basel has become one of the capitals of contemporary architecture, whose architects have carried the name of the city around the world. Read more Basel · Language, Border and IdentityAcross the border: Vitra and the trinational museum landscape
The cultural space of Basel extends into its neighbours. In Weil am Rhein, a few minutes from the Swiss border, the furniture company Vitra, whose owners come from a Basel family, commissioned the… Read more Basel · Language, Border and IdentityDebates: provenance, deficits and governance
The cultural institutions of Basel have not been spared controversy. The most important debates of the past two decades concern provenance. Read more Basel · Language, Border and IdentityCulture, settlement and the financial centre
The economic significance of this cultural landscape lies chiefly in its effect on settlement. Read more Basel · Language, Border and IdentityFasnacht, the university and the civic culture
Culture in Basel extends beyond institutions of high art. The Fasnacht, inscribed by UNESCO on its list of the intangible cultural heritage of humanity in 2017, is the city's most important popular… Read more