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Basel: Language, Border and Identity

Basel: Language, Border and Identity

Language, Border and Identity — a part of the book Basel as an International Financial Centre by Dr Alexander Ressos.

Language, Border and Identity

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.

Notes

  1. On language as a factor of trust and transaction costs in international finance, see the economic literature on language and trade, e.g. Melitz, "Language and Foreign Trade", European Economic Review 52 (2008), and the literature on the role of cultural proximity in cross-border banking. To be verified. ↩
  2. On the concept of soft power, see Joseph S. Nye, Soft Power: The Means to Success in World Politics, New York 2004. On the culture of discretion of the Basel patriciate, see Part C, Chapter II. ↩

About the book

This part belongs to Basel as an International Financial Centre by Dr Alexander Ressos, published here in full, section by section.

Basel · Language, Border and Identity

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 Identity

The 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 Identity

Swiss 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 Identity

Baseldytsch: 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 Identity

The 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 Identity

Fasnacht, 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 Identity

The 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 Identity

Courts, 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 Identity

Swiss 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 Identity

Language 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 Identity

Dialect 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 Identity

School 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 Identity

French 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 Identity

A 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 Identity

Huguenots, 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 Identity

French 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 Identity

Mulhouse: 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 Identity

Alsace 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 Identity

Language 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 Identity

Elsässisch 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 Identity

The 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 Identity

The 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 Identity

The 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 Identity

French 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 Identity

Basel 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 Identity

French 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 Identity

French 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 Identity

Language 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 Identity

French 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 Identity

The 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 Identity

Universities 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 Identity

The 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 Identity

English 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 Identity

A 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 Identity

The 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 Identity

The 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 Identity

The 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 Identity

English 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 Identity

Regulatory 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 Identity

The 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 Identity

International 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 Identity

English 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 Identity

Arbitration 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 Identity

English 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 Identity

Company 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 Identity

Legal 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 Identity

Schools, 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 Identity

Language and power

The spread of English raises questions of fairness and power that scholars have discussed for decades. Read more
Basel · Language, Border and Identity

Multilingual 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 Identity

Why 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 Identity

Language 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 Identity

Interpretation 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 Identity

German 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 Identity

French 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 Identity

English 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 Identity

Concepts 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 Identity

Choice 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 Identity

Frontier workers and consumers

Employment contracts with frontier workers combine the questions of governing law, mandatory law and language. Read more
Basel · Language, Border and Identity

Translators, 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 Identity

Machine 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 Identity

Lessons 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 Identity

Drafting 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 Identity

Culture 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 Identity

Soft 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 Identity

The 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 Identity

The 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 Identity

The 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 Identity

The 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 Identity

Museum 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 Identity

Fondation 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 Identity

A 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 Identity

Music: 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 Identity

The 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 Identity

Theatre, 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 Identity

The 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 Identity

The 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 Identity

The 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 Identity

Architecture 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 Identity

Across 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 Identity

Debates: 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 Identity

Culture, 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 Identity

Fasnacht, 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