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Since the node argument is often calculated, we should allow empty: fn:lang($testlang as xs:string?, $node as node()?) as xs:boolean? Summary: This function tests whether the language of $node, or the context node if the second argument is omitted, as specified by xml:lang attributes is the same as, or is a sublanguage of, the language specified by $testlang. The language of the argument node, or the context node if the second argument is omitted, is determined by the value of the xml:lang attribute on the node, or, if the node has no such attribute, by the value of the xml:lang attribute on the nearest ancestor of the node that has an xml:lang attribute. If there is no such ancestor, then the function returns false If the second argument is the empty sequence, the function returns the empty sequence. If the second argument is omitted and the context item is undefined an error is raised: [err:FONC0001]. If the context item is not a node an error is raised [err:XPTY0006]XP.
The working group considered this comment at its meeting today and decided not to accept it. For rationale, please see bug 1467.