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Journal articles on the topic 'Legal translation'
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1
Chobanyan, Nare. "Conceptual Adequacy in Legal Translation." Armenian Folia Anglistika 13, no. 1-2 (17) (October 16, 2017): 155–64. http://dx.doi.org/10.46991/afa/2017.13.1-2.155.
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The aim of the present article is to provide an overview of the main difficulties encountered by legal translators, and work out some practical solutions so that the translator could provide an adequate translation in compliance with the norms of the target legal system. Legal translations raise very complex theoretical and practical problems and, therefore, an interdisciplinary comparative approach to the two legal systems and languages should be manifested by specialized translators. This study demonstrates that despite the common assumption that legal translations are literal, they may be translated differently depending on the context and aim of its translation. When translating a legal document, one is thus faced with the challenge of providing a translation that makes a legal as well as linguistic sense. Consequently, a translator can provide an accurate translation only if he/she has an understanding of the SL and the TL legal systems.
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Chobanyan, Nare. "Conceptual Adequacy in Legal Translation." Armenian Folia Anglistika 14, no. 1-2 (18) (October 15, 2018): 85–94. http://dx.doi.org/10.46991/afa/2018.14.1-2.085.
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The aim of the present article is to provide an overview of the main difficulties encountered by legal translators, and work out some practical solutions so that the translator could provide an adequate translation in compliance with the norms of the target legal system. Legal translations raise very complex theoretical and practical problems and, therefore, an interdisciplinary comparative approach to the two legal systems and languages should be manifested by specialized translators. This study demonstrates that despite the common assumption that legal translations are literal, they may be translated differently depending on the context and aim of its translation. When translating a legal document, one is thus faced with the challenge of providing a translation that makes a legal as well as linguistic sense. Consequently, a translator can provide an accurate translation only if he/she has an understanding of the SL and the TL legal systems.
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Hjort-Pedersen, Mette. "Free vs. Faithful – Towards Identifying the Relationship between Academic and Professional Criteria for Legal Translation." ELOPE: English Language Overseas Perspectives and Enquiries 13, no. 2 (December 16, 2016): 225–39. http://dx.doi.org/10.4312/elope.13.2.225-239.
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For many years translation theorists have discussed the degree of translational freedom a legal translator has in rendering the meaning of a legal source text in a translation. Some believe that in order to achieve the communicative purpose, legal translators should focus on readability and bias their translation towards the target language community. Others insist that because of the special nature of legal texts and the sometimes binding force of legal translations, translators should stay as close to the source text as possible, i.e., bias their translation towards the source language community. But what is the relationship between these ‘academic’ observations and the way professional users and producers, i.e., lawyers and translators, think of legal translation? This article examines how actors on the Danish legal translation market view translational manoeuvres that result in a more or less close relationship between a legal source text and its translation, and also the translator’s power to decide what the nature of this relationship should be and how it should manifest itself in the translation.
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Baklazhenko, Yu. "TRANSLATION OF LEGAL NEOLOGISMS ON THE EXAMPLE OF THE TERM "INSIGNIFICANT CASE"." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 10–14. http://dx.doi.org/10.17721/1728-2195/2021/2.117-2.
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The article deals with the issue on translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – 'maloznachna sprava'. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. While the introduction of simplified civil proceedings is itself a step towards the approximation of Ukrainian legislation to the EU, the next stage will inevitably be comparing and contrasting the existing terms within the Ukrainian and EU civil procedures. Ukrainian simplified procedure aims at considering insignificant cases (Ukr. – 'maloznachni spravy') in a speedy manner, while EU accelerated and simplified civil procedure uses the term 'small claims' for cases with a claim value for up to EUR 5,000. Obviously, these notions are not equivalent, but their meaning overlaps, creating pitfalls for translation. Thus, for proper translation, it is important to specify how the concept of small claims fits into Ukraine's national context. The notion of insignificant cases illustrates the relevance of the linguistic study of legal translations, as well as a need for the consolidation of practical achievements in the field of translation of legal discourse and, in particular, legal neologisms. The purpose of legal translation is to create a text that will be interpreted in the same way by legal professionals in the target legal system as it would be in the original legal system. The aim of translation is not to erase linguistic and cultural differences but to accommodate them, fully and unapologetically. The challenge is to convey the legal text as a fragment of a living legal system. When translating, a translator should strive for equivalence, bearing in mind the harmonisation and approximation of terminologies. The linguistic approximation of national Ukrainian legal terms to the EU terminology should be carefully considered to avoid their misinterpretation with the supranatural terms. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term 'small claim', the Ukrainian term 'maloznachna sprava' is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term 'maloznachna sprava' should be translated as 'insignificant case' within the sphere of Ukrainian civil procedure. Keywords: legal translation, Ukrainian-English translation, small claim, insignificant case.
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Parra-Galiano, Silvia. "Translators’ and revisers’ competences in legal translation." Target. International Journal of Translation Studies 33, no. 2 (May 25, 2021): 228–53. http://dx.doi.org/10.1075/target.21065.gal.
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Abstract This article proposes a hierarchy of translator and reviser competences in prototypical scenarios in legal translation with a view to determining the most appropriate revision foci to ensure translation quality. Built on a prior characterisation of the most common professional translator profiles in legal translation, the proposal for a hierarchy of competences derives from two premises: (1) The professional profile of those who translate and revise legal documents is very diverse in terms of competence and qualifications (training and experience), and (2) translation competence and specialist knowledge in legal fields (i.e., domain competence) are fundamental when revising to guarantee the quality of legal translations. The proposal is framed by quality assurance in legal translation through a revision process based on (1) the coherent management of the work of the translators and revisers involved in the translation project, and (2) the appropriate methodology for revision applied to legal translation by adapting the revision mode’s focus to ensure its effectiveness. Six common scenarios are identified in light of the translators’ profiles, for which revisers’ profiles are then proposed in order to detect any legal translation competence deficiencies among translators, and thus ensure quality.
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Knap-Dlouhá, Pavlína. "Automatische vertaling: een levensvatbare oplossing voor het recht?" Brünner Beiträge zur Germanistik und Nordistik, no. 1 (2022): 35–46. http://dx.doi.org/10.5817/bbgn2022-1-4.
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The translation of legal information constitutes a special branch of translation practice, particularly due to the systemic nature of legal terminology, as well as complicated syntax and the use of fixed word associations and language templates. Professional human translators have always been the preferred way to translate legal documents because they have the linguistic expertise, a good understanding of the cultural context and capacity to make decisions when translating. As more and more international companies enter new markets, the need for translating legal texts increases, which often involves large amounts of data that need to be translated quickly. The possibilities and limits of machine translation (MT) are being frequently tested. Since the legal sector traditionally requires high-quality translations, the question arises whether machine translation can also work well in this field?
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Veckrācis, Jānis. "Informācijas izgūšanas nozīme un daži ar sintaksi saistīti apsvērumi juridisko tekstu tulkošanā." Vārds un tā pētīšanas aspekti: rakstu krājums = The Word: Aspects of Research: conference proceedings, no. 24 (December 2, 2020): 437–49. http://dx.doi.org/10.37384/vtpa.2020.24.437.
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The translation of legal documents – not a new field in translation practice or theoretical discourse – gained a new dimension for translators’ work in Latvia when, after restoring independence, the country was reintegrated into international processes and organizations. Consequently, the development of legal text translation competence has also become an important task in the study programs related to translation of LSP texts. Against this background, the paper addresses some of the issues of understanding and interpreting legislation in the translation situation, with a particular focus on working with the functions and implications of sentence syntax. This part of the work provides the translator with the opportunity to find not only successful grammatical solutions in the target language sentences, but above all, a prerequisite for understanding the meaning of the source text. For the purposes of the study, the relevant aspects are briefly outlined in a theoretical context by focusing on the specific features of legal texts and the competence-related requirements for translators; it also includes an analysis of examples based on both published translations of legislation and the typical problems encountered in student translations. The study leads to several conclusions. Accuracy (also with regard to interpretation), an element of the general concepts of equivalence/adequacy, stands out as a specific aspect and criterion of legal text translation quality; it is necessary to ensure that the meaning of terms is not broadened or narrowed and that the applicability or explicit/implicit attitude is not altered – translations of a number of units and elements tend to be almost literal. The practice of translating legal texts generally requires that target texts be rendered as consistently as possible, which to a large extent implies an almost literal relationship with the source text; any changes need explicit justification. A specific aspect of translators’ competence is the examination undertaken during the pre-translation phase to determine the applicability of the relevant legal provisions and select the most appropriate sources of information. An important prerequisite for a quality translation is understanding the essence of the source sentence.
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Vîlceanu, Titela. "Developing Evaluation Skills with Legal Translation Trainees." Acta Universitatis Sapientiae, Philologica 7, no. 3 (December 1, 2015): 5–13. http://dx.doi.org/10.1515/ausp-2015-0050.
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Abstract Axiomatically, translation is twofold: an activity/process (more accurately designated by the term translating) and a product (the term translation can be restricted to the product). It seems that the product dimension has gained increased importance, being the most visible part of translation as market-driven, design-oriented, precise and measurable - complying with specifications. Translation engenders a sequence: identification of text type and of end users’ needs (experts or non-experts in the field), evaluation of the complexity of the source text via global reading, followed by a close reading of its parts, the translating of the document, the translator’s checking of final version, editing and proofreading. The translator’s choices are accountable in point of cost-effectiveness (efficiency) and effectiveness. Therefore, the legal translator should master the methodological toolkit, conceptual frame and related terminology, and adopt an inward-looking perspective (intuition, subjectivity, ingrained habits, insights deriving from his/her expertise and experience) alongside an outward-looking one (working against objective criteria, standards of quality, benchmarks, etc).
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A. Abdulwahid, Muntaha, Zaitul Azma Binti Zainon Hamzah, Pabiyah Hajimaming, and Hussein W. Alkhawaja. "Translating Legal Collocations in Contract Agreements by Iraqi EFL Students-Translators." International Journal of Education and Literacy Studies 5, no. 1 (January 31, 2017): 55. http://dx.doi.org/10.7575/aiac.ijels.v.5n.1p.55.
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Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1) purely technical, (2) semi-technical, and (3) everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.
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Jabak, Omar Osman. "Contrastive Analysis of Arabic-English Translation of Legal Texts." Journal of Language Teaching and Research 13, no. 2 (March 1, 2022): 299–307. http://dx.doi.org/10.17507/jltr.1302.09.
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The present study aims to provide a contrastive analysis of Arabic-English translation of ten legal texts with an eye to evaluating the accuracy of the translation. The researcher collected the data from El-Farahaty’s (2015) Arabic–English–Arabic Legal Translation. A contrastive analysis was developed to assess the accuracy of the translation of the legal texts selected. The examination of the source legal texts and the translations provided either by the authoress of the book herself or the sources from which she collected them revealed serious errors such as overtranslation, omission of translating important words in the source texts, wrong choice of equivalents in the target language, gloss translation, punctuation mistakes in the target texts and grammatical mistakes in the target texts. Further research on the assessment of Arabic-English translation of legal texts is required to encourage professional legal translators and scholars to approach legal translation more professionally and responsibly.
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Simonnæs, Ingrid. "Challenges in legal translation - revisited." Linguistica 53, no. 2 (December 1, 2013): 91–102. http://dx.doi.org/10.4312/linguistica.53.2.91-102.
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The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.
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Schroth, Peter W. "Legal Translation." American Journal of Comparative Law 34, suppl_1 (1986): 47–65. http://dx.doi.org/10.1093/ajcl/34.suppl1.47.
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Cao, Deborah. "Finding the Elusive Equivalents in Chinese/English Legal Translation." Babel. Revue internationale de la traduction / International Journal of Translation 48, no. 4 (December 31, 2002): 330–41. http://dx.doi.org/10.1075/babel.48.4.03cao.
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This paper investigates one aspect of legal translation between English and Chinese, the lexical equivalence and non-equivalence that often present special challenges to Chinese/English translators. It identifies three lexical features and discusses the meanings, equivalents and translation strategies associated with them. The paper suggests the essential requirements for translational competence of a legal translator and argues that, in legal translation, it is essential to consider the contextual factors and pragmatic effects of legal usage in both the SL and TL and to strive to achieve the optimal communicative results given the relative nature of equivalence and the difficulties in cross-cultural and cross-jurisdictional communication. This may also have implications for the training of legal translators in basic knowledge of the relevant legal systems and legal languages, apart from the general translation skills required.
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Mohammed, Salam Naji, and Reyadh Mahdi Jasim. "The (in) equivalence in the translation of the legal texts of succession from Arabic to Spanish." Al-Adab Journal 3, no. 142 (September 15, 2022): 77–90. http://dx.doi.org/10.31973/aj.v3i142.3817.
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Legal translation is characterized by complexity, especially when translating from two very different legal systems such as Iraqi and Spanish, where the divergence of culture, language and especially legal systems play a very important role in the translation and makes the translation process even more difficult for the translator. In this research we will address the case of (in) equivalence in the translation of succession documents from Arabic to Spanish, we will cite the classifications of said equivalences according to the most prominent linguists, speaking in detail of each type, and also of their role in legal language, Then we analyze some Arab legal documents, more precisely from Iraq, highlighting the type of equivalence in each term and in case it does not have one, highlighting the best translation procedure. We will also address sources of Iraqi law that are borrowed from islam, and that, in turn, further complicates the translation procedure.
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Lakić, Igor. "SYNTACTIC AND LEXICAL ASPECTS OF STUDENTS’ LEGAL TRANSLATIONS AT THE POSTGRADUATE LEVEL." Folia linguistica et litteraria XI, no. 33 (2020): 189–205. http://dx.doi.org/10.31902//fll.33.2020.10.
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Teaching translation of legal texts into English at the postgraduate level at the Faculty of Philology (formerly at the Institute of Foreign Languages), University of Montenegro, started in 2004. At this study programme, students face for the first time challenges of translating legal texts. Although they occasionally translate some legal texts at the undergraduate level, this is the first time that they study legal translation in a systematic way. This certainly produces some challenges, that may be mainly observed on two levels: (1) syntactic level, where some students produce English sentences that are literal translations of Montenegrin sentences; bearing in mind syntactic differences in the languages, this sometimes leads to a loss of meaning or distorted meaning in translations; and (2) lexical level, where there are differences in the English and Montenegrin legal systems, which certainly requires caution in translation; it is possible to identify some inconsistencies in using legal terminology because some Montenegrin concepts cannot be always simply transferred into English without looking more deeply into the legal systems. The paper discusses the notions of formal fidelity vs. fidelity to the “uniform intent” of the text (Šarčević, 1997) or what Hatim and Munday (2004) refer to as literal and free translation. These notions are crucial for my discussion of causes of errors in my students’ translations.
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Lakić, Igor. "SYNTACTIC AND LEXICAL ASPECTS OF STUDENTS’ LEGAL TRANSLATIONS AT THE POSTGRADUATE LEVEL." Folia linguistica et litteraria XI, no. 33 (2020): 189–205. http://dx.doi.org/10.31902//fll.33.2020.10.
Full textAbstract:
Teaching translation of legal texts into English at the postgraduate level at the Faculty of Philology (formerly at the Institute of Foreign Languages), University of Montenegro, started in 2004. At this study programme, students face for the first time challenges of translating legal texts. Although they occasionally translate some legal texts at the undergraduate level, this is the first time that they study legal translation in a systematic way. This certainly produces some challenges, that may be mainly observed on two levels: (1) syntactic level, where some students produce English sentences that are literal translations of Montenegrin sentences; bearing in mind syntactic differences in the languages, this sometimes leads to a loss of meaning or distorted meaning in translations; and (2) lexical level, where there are differences in the English and Montenegrin legal systems, which certainly requires caution in translation; it is possible to identify some inconsistencies in using legal terminology because some Montenegrin concepts cannot be always simply transferred into English without looking more deeply into the legal systems. The paper discusses the notions of formal fidelity vs. fidelity to the “uniform intent” of the text (Šarčević, 1997) or what Hatim and Munday (2004) refer to as literal and free translation. These notions are crucial for my discussion of causes of errors in my students’ translations.
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Pommer, Sieglinde E. "No creativity in legal translation?" Babel. Revue internationale de la traduction / International Journal of Translation 54, no. 4 (December 1, 2008): 355–68. http://dx.doi.org/10.1075/babel.54.4.04pom.
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Whereas translating is generally considered to be a creative activity, mentioning this in the context of legal translation is, rather paradoxically, widely frowned upon despite the fact that the incongruency of legal systems makes finding exact equivalents particularly difficult in legal texts. Convinced that in fact translating the law requires taking insightful judgments, detecting interesting alternatives, coming up with novel ways to communicate ideas, and finding useful solutions to complex problems, the author examines the dynamic concept of creativity and redefines its meaning with regard to legal translation.
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Soriano Barabino, Guadalupe. "Cultural, textual and linguistic aspects of legal translation: A model of text analysis for training legal translators." International Journal of Legal Discourse 5, no. 2 (November 18, 2020): 285–300. http://dx.doi.org/10.1515/ijld-2020-2037.
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AbstractLegal translation training involves the acquisition and development of a set of sub-competences that constitute legal translation competence (Cao, Deborah. 2007. Translating law. Clevedon: Multilingual Matters; Prieto Ramos, Fernando. 2011. Developing legal translation competence: An integrative process-oriented approach. Comparative Legilinguistics. International Journal for Legal Communications 5. 7–21; Piecychna, Beata. 2013. Legal translation competence in the light of translational hermeneutics. Studies in Logic, Grammar and Rhetoric 34(47). 141–159; Soriano Barabino, Guadalupe. 2016. Comparative law for legal translators. Oxford: Peter Lang; Soriano Barabino, Guadalupe. 2018. La formación del traductor jurídico: Análisis de la competencia traductora en traducción jurídica y propuesta de programa formativo. Quaderns: Revista de Traduccio 25. 217–229). The development of those sub-competences is part of a complex process where students are faced with different concepts and translation strategies and techniques which are not necessarily easy to grasp for trainee translators (Way, Catherine. 2014. Structuring a legal translation course: A framework for decision-making in legal translation training. In Le Cheng, King Kui Sin & Anne Wagner (eds.), The Ashgate handbook of legal translation. Farnham: Ashgate), particularly when applied to a legal context. It is our experience that translation students tend to focus on the product (text production) and do not spend enough time analysing the source text, which results in obvious mistakes in mainly – but not only – cultural (legal), textual and linguistic aspects. The interdisciplinary nature of legal translation calls for an integrative model for teaching and learning. The model presented provides trainees with a framework for source text analysis that places the communicative situation and the translation brief at the core from which three fundamental dimensions, based on the aspects mentioned above, develop. Elements such as the legal cultures involved, legal text typologies or the level of specialisation of terms and discourse are some of the aspects to be considered, so allowing trainees to achieve a thorough understanding of the source text for a conscious translation. The model will be applied to a specific source text and translation brief.
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Prieto Ramos, Fernando, and Giorgina Cerutti. "Terminology as a source of difficulty in translating international legal discourses: an empirical cross-genre study." International Journal of Legal Discourse 6, no. 2 (November 24, 2021): 155–79. http://dx.doi.org/10.1515/ijld-2021-2052.
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Abstract Despite the persistent focus on terminology in legal translation studies, to date, no large-scale research has empirically explored the difficulty of terminology in translating legal genres. Approaches to translation difficulty in translation studies more broadly remain limited in scope. To fill this gap, a study was conducted to measure the difficulty associated with the translation of legal terminology and phraseology, as well as with terminology of other domains, in the LETRINT 1+ corpus, including nine representative genres of three institutional settings (the European Union, the United Nations and the World Trade Organization). For comparative purposes, four levels of translation difficulty were assigned to multiple terminological features by a group of specialized translators through a consensus-building process of annotation based on the cognitive effort estimated for translation decision-making. The difficulty scores obtained confirm the correlation between legal singularity and higher translation difficulty, as well as the connection of more commonly used legal terms and phrasemes, and core economic terms, with lower difficulty levels. The findings also provide evidence of the prominence of non-legal specialized terminology in institutional legal discourses, and the aggregate terminological difficulty levels of each genre examined, which can be particularly useful for informing translation quality assurance, project management and translator training.
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WIESMANN, Eva. "MACHINE TRANSLATION IN THE FIELD OF LAW: A STUDY OF THE TRANSLATION OF ITALIAN LEGAL TEXTS INTO GERMAN." Comparative Legilinguistics 37 (October 23, 2019): 117–53. http://dx.doi.org/10.14746/cl.2019.37.4.
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With the advent of the neural paradigm, machine translation has made another leap in quality. As a result, its use by trainee translators has increased considerably, which cannot be disregarded in translation pedagogy. However, since legal texts have features that pose major challenges to machine translation, the question arises as to what extent machine translation is now capable of translating legal texts or at least certain types of legal text into another legal language well enough so that the post-editing effort is limited, and, consequently, whether a targeted use in translation pedagogy can be considered. In order to answer this question, DeepL Translator, a machine translation system, and MateCat, a CAT system that integrates machine translation, were tested. The test, undertaken at different times and without specific translation memories, provided for the translation of several legal texts of different types utilising both systems, and was followed by systematisation of errors and evaluation of translation results. The evaluation was carried out according to the following criteria: 1) comprehensibility and meaningfulness of the target text; and 2) correspondence between source and target text in consideration of the specific translation situation. Overall, the results are considered insufficient to give post-editing of machine-translated legal texts a bigger place in translation pedagogy. As the evaluation of the correspondence between source and target text was fundamentally worse than with regard to the meaningfulness of the target text, translation pedagogy should respond by raising awareness about differences between machine translation output and human translation in this field, and by improving translation approach and strengthening legal expertise.
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Bushi, Jonida, and Endri Papajorgji. "Translation in Terms of Law and Communication: Difficulties Regarding the Translation of Legal Texts from Albanian into German and Vice Versa." Journal of Educational and Social Research 11, no. 4 (July 8, 2021): 58. http://dx.doi.org/10.36941/jesr-2021-0076.
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This article deals with the peculiarities of translating legal terminology from German into Albanian and vice versa. Legal texts constitute an important part of translation into both languages. Translations of legal texts in Albania have increased since the latter's attempts to join the EU. European Union translation materials are in large volumes and require a lot of work. Therefore, the request for translation of legal documents, such as provisions or court decisions into other languages of the Union, including German, has increased. Despite institutional efforts to draft a glossary of legislation with the cooperation of professionals led by the OSCE (Organization for Security and Cooperation), as well as some efforts made in compiling Albanian-German legal dictionaries, there are no genuine publications in the Albanian language that handle the problems of translation in this field. Since technical legal language is a practical or institutional language, it is characterized by a high percentage of technical terms as well as a standardized sentence structure. Legal language is characterized by accuracy and clarity. Received: 5 May 2021 / Accepted: 23 June 2021 / Published: 8 July 2021
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Popova, Oleksandra, and Valeria Krasniuk. "LEGAL TERMINOLOGY WITHIN THE PARADIGM OF SOME ASPECTS RELATED TO MODERN TRANSLATION STUDIES." Naukovy Visnyk of South Ukrainian National Pedagogical University named after K. D. Ushynsky: Linguistic Sciences 2022, no. 35 (August 2022): 115–27. http://dx.doi.org/10.24195/2616-5317-2022-35-10.
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The article has a review character and is dedicated to modern research in the field of legal translation. The main tasks of the translator and the problems that arise during the translation of jurisprudence are considered. The analysis of the material suggests that legal translations are mainly performed by professionals who have obtained a legal education. Texts in the source and target languages are treated in completely different legal systems, which substantiates the use of different wording for each language. It has been determined that, at the same time, these references must be clear to both parties and have the same meaning. The authors accentuate the necessity for translator to possess the knowledge of the laws of their country as well as the ones of the country in which the source language is used. All these factors together determine the specifics of legal translation and indicate that the legal field requires special accuracy and deep knowledge from translators; the legal field is one of the most difficult one for them. During the analysis, we determined that the most common problems faced by legal translation specialists are as follows: the lack of deep knowledge in the researched field, differences in the legal systems and linguistic traditions of countries, and an insufficient number of widespread stable word combinations alongside their corresponding target word combinations.
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Simonnæs, Ingrid. "Das multilinguale fachsprachliche Korpus TK-NHH – Eine korpusbasierte Fallstudie über die explicitation hypothesis anhand von ins Deutsche und Englische übersetzten Rechtstexten." HERMES - Journal of Language and Communication in Business 24, no. 46 (October 24, 2017): 103. http://dx.doi.org/10.7146/hjlcb.v24i46.97373.
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The present study is a case study about the explicitation hypothesis in legal translations into German and English by means of a corpus-based approach and will present preliminary findings. After the introduction, I first describe the National Translator Accreditation Exam (statsautorisert translatøreksamen) in Norway from which the texts for the TK-NHH translation corpus are chosen. Next I describe the aim of the case study which is to investigate the explicitation hypothesis by means of the TK-NHH translation corpus. In the method section, I discuss briefly the influence and applicability of corpus linguistics on translation studies. Finally, in the case study, I investigate both German and English legal translations in the TK-NHH translation corpus with regard to one specific feature that is claimed to be universal: explicitation. In this case study, I have chosen the explicitation of proper names of culture-specific legal institutions (e.g. courts). The results in both languages show a variety of explicitation together with no explicitation and thus seem to substantiate earlier findings, but now with regard to translation solutions from Norwegian.
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Izarova, Iryna, and Yuliia Baklazhenko. "Ukrainian-English Translation of Legal Terms: Case Study of Insignificant Cases and Small Claims." Access to Justice in Eastern Europe 4, no. 1 (March 1, 2021): 232–42. http://dx.doi.org/10.33327/ajee-18-4.1-n000055.
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The article is devoted to the problem of translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – ‘maloznachna sprava’. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term ‘small claim’, the Ukrainian term ‘maloznachna sprava’ is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term ‘maloznachna sprava’ should be translated as ‘insignificant case’ within the sphere of Ukrainian civil procedure. Keywords: legal translation, Ukrainian-English translation, small claim, insignificant case.
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Amiri, M. A. "PROBLEMS OF PERSIAN-RUSSIAN LEGAL TRANSLATION ON THE EXAMPLE OF MARRIAGE CONTRACT." Title in english 17, no. 1 (March 31, 2019): 49–54. http://dx.doi.org/10.24833/2410-2423-2019-1-17-49-54.
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Te ever-expanding international contacts reveal a great importance of studying and translating various kinds of documents and legal texts. Tis rather complicated process involves a number of problems that a translator needs to overcome. Te problems of legal texts translation are aggravated by the discrepancies between the legal systems of societies with social, cultural, ethnic, religious and other differences underlying them that fnd their reflection in different legal terminology systems. Tis article deals with the problems of Persian-Russian translation of legal texts with cultural and religious specifcs. Recently, Iranian-Russian relations have been developing really actively. In this regard, the translation of legal texts, which include documents of identity, marriage and family relations regulations, inheritance, etc., is of particular relevance. Te Persian-Russian translation of these documents raises many questions and problems due to its cultural and religious nature. Problems are exacerbated by the lack of specialized dictionaries, databases and electronic resources. Tis article presents some ways of solving these problems, as well as practical recommendations on the example of the translation of marriage contracts.
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S. Ghazala, Hasan. "Proximity Principle in Legal Translation." Arab World English Journal For Translation and Literary Studies 7, no. 1 (February 24, 2023): 4–20. http://dx.doi.org/10.24093/awejtls/vol7no1.1.
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This research paper introduces to proximity principle as an approach to translation in general, and legal translation in particular, when the full meaning is not attainable in the Target Language(TL). The main problem of this study is how to translate legal texts more approximately than accurately due to several reasons highlighted below. The principal aim of the study it to probe the principle of proximity as a translation strategy compared to perfect equivalence. accordingly, the importance of the study lies in understanding the process of the translator’s strife for approximate meaning in the TL. So, the main question of the paper is how translators manage and struggle to translate unfindable legal terms closely into the TL. On the other hand, the methodology of the study is based mainly on theoretical definitions, logical arguments, analytical and practical discussion, translation procedures and strategies, and culminated by conclusions and findings. One main finding is to establish the principle of proximity in translating legal texts in specific as a major strategy in translation theory to sort out solutions to the problems of translating non-equivalent legal terms. Finally, the paper covers points like the scope of proximity principle, its applicability, the justifications for using it, volume of potential loss of meaning involved, its credibility, proximity vis-à-vis faithfulness and accuracy, etc. All these and other points are considered in relation to a huge number of applications in practice in legal context.
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SCOTT, Juliette. "LEGAL TRANSLATION – A MULTIDIMENSIONAL ENDEAVOUR." Comparative Legilinguistics 32 (December 6, 2017): 37–66. http://dx.doi.org/10.14746/cl.2017.32.2.
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Legal translation is a highly skilled task. It has even been described as the “ultimate linguistic challenge” (Harvey 2002: 177). However, law firms or corporations that procure translations from self- employed translation practitioners often find the intricacies of the task difficult to perceive. Following extensive fieldwork examining how legal translation is commissioned and performed in ‘outstitutional’ contexts, I have developed a multidimensional model which illustrates the legal translator’s textual agency, aimed at conveying the complexities of translation performance to clients and other stakeholders. It may also serve to train fledgling legal translators, and to heighten practising translators’ awareness of their overall task. The impetus for the model sprang primarily from findings of serious information asymmetry and goal divergence in the market, and evidence that actors involved do not grasp (a) the need for legal translators to be fully briefed, or (b) the layers of skills involved.
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Nawaf Jaber Alhomoud, Ghassan. "On Translating and Drafting Sharia Legal Terms and Expressions in Saudi Contracts." Education Research International 2022 (December 6, 2022): 1–9. http://dx.doi.org/10.1155/2022/7167970.
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The difficulty in translating legal sharia expressions and terminologies used in contracts arises from semantic, syntactic, pragmatic, contextual, and cultural features of the Islamic sharia expressions. The present study aims to address the problems arising when translating these contracts from Arabic into English and vice versa. It also aims to reassess the translations of several international business contracts translated from Arabic into English and vice versa to verify whether the legal Islamic terms and expressions have been accurately rendered or not. The Saudi legal system is based completely on sharia law. The Saudi contracts abound with religious expressions and terms, which sometimes have no equivalence in the English language. There is a crystal-clear cultural–religious gap between Arabic and English. The language of contracts must be accurate, precise, meaningful, and comprehensible. Any slight difference in translating these contracts might result in the loss of individual rights, which affects the foreign investments and the social life of residents and citizens. The present study is a qualitative study that adopts a critical hermeneutic method to address the highly controversial issues relating to the translation of Islamic legal terms and expressions. The study has found that the Islamic legal terms and expressions are translatable providing that the translator could use a hermeneutical translational approach. The study is original in the sense that it deals with the problems of translating the religious expressions embedded and constituted in the Saudi contracts.
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Matijašević, Miljen. "FUNCTIONALIST APPROACH TO TEACHING LEGAL TRANSLATION." Studies in Logic, Grammar and Rhetoric 34, no. 1 (October 1, 2013): 113–27. http://dx.doi.org/10.2478/slgr-2013-0026.
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Abstract The paper deals with some problems of legal translation with a particular regard to the skopos theory approach, with a special emphasis on the practical implications of these problems to legal translation instruction. The author presents the circumstances in the Republic of Croatia over the preceding several years pertaining to the activities of legal translation for the purpose of accession to the European Union. This particularly refers to the translating of the acquis communautaire into the Croatian language. Possible functions of translated legal and legislative texts are analysed from this viewpoint, as well as various possible related approaches to solving translation problems. The author pays special attention to issues in translating cultural elements, considering that they tend to show special sensitivity to the function of a translated text. Finally, practical application of the above considerations regarding legal translation is presented in the last part of the paper. Having taught courses in legal translation to lawyers aspiring to work as legal translators within EU bodies, the author presents the contents of the courses and some methods of teaching which take account of the skopos theory, as well as the reception of such teaching methods and their outcomes.
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de Groot, Gerard-René, and Conrad J. P. van Laer. "The Dubious Quality of Legal Dictionaries." International Journal of Legal Information 34, no. 1 (2006): 65–86. http://dx.doi.org/10.1017/s0731126500001219.
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As a consequence of the still increasing transnational commercial and scholarly cooperation and exchange, more and more often legal information has to be translated. Sometimes the content of legal documents (contracts, statutory provisions, books and articles on legal topics and so on) has to be translated into another language. But even more frequently, information on rules from one legal system has to be provided in the legal language of another legal system. In both cases the translator or the lawyer involved is confronted with difficulties of legal translation. In both cases bilingual legal dictionaries could play an important role in the translating process by providing translation suggestions and information on the linguistic context of terms in the target language, such as specific noun-verb combinations, or typical collocations.
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Stolze, Radegundis. "A DUAL PERSPECTIVE IN LEGAL TRANSLATION." Vertimo studijos 7, no. 7 (April 5, 2017): 7. http://dx.doi.org/10.15388/vertstud.2014.7.10527.
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The article describes, on the basis of hermeneutics, the specific perspective from which a translator may approach legal texts, as translation is seen as a personalized activity. Different text types are rooted in a specific legal system and fulfil their function within a special field of law, and the cultural and legal background is evident in linguistic aspects on a textual level. Comparative law carries out research on the differences in legal concepts, whereas translation studies and practice use this knowledge as a basis for work. Legal terminology has various levels of abstraction and appears in texts along with general language words. Fields of orientation for the translator are presented here, such as legal contexts, genre, concepts and style. This should be combined with proficiency in writing according to the text function, terminology and standard formulae. The translator tries to make source cultural and legal aspects transparent for target readers, as translation is always a means of comprehension that furthers communication.
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Bowen, Alex. "Intercultural translation of vague legal language." Target. International Journal of Translation Studies 33, no. 2 (February 5, 2021): 308–40. http://dx.doi.org/10.1075/target.19181.bow.
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Abstract Difficulties have long been observed in communicating legal rights to some Aboriginal people in Australia. In the Northern Territory, audio translations of the right to silence in Aboriginal languages can be used in police interviews. This study examines two sets of audio translations in two Aboriginal languages. Also included in each case are front-translations – intermediate English texts used to facilitate translation – as well as the legal texts that likely informed the translations. The audio translations include far more explicit information than either legal texts of the right, or oral explanations from police (evidenced in transcripts from police interviews). Analyses of context and implicature highlight that the legal text of the right is indeterminate: It is unclear what the text is intended to imply and communicate. Aboriginal translators are better placed than legal communicators to develop informative texts, because of their audience knowledge and intercultural skill. However, translators can only work with meaning provided or approved by their clients. Legal authorities, not translators, should be responsible for deciding the information to be communicated about rights, to meet the objectives of policies about rights. When the challenging and imperfect nature of intercultural legal translation is recognised, translators can use their insight into legal meaning to greatly improve communication with target audiences.
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Tarawneh, Rula Tahsin, and Islam Mousa Al-Momani. "Contrastive Analysis of Translation Shifts in Lexical Repetition in Arabic-English Legal Translations." World Journal of English Language 13, no. 1 (November 24, 2022): 69. http://dx.doi.org/10.5430/wjel.v13n1p69.
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The study investigates some preliminary generalizations regarding the standards regulating the translation types and directions, the lexical repeatability of legal texts shifts. It also compares lexical repetition in Arabic legal texts and that of the corresponding English translation on the basis of lexical repetition type, frequency and distribution. It is a descriptive study that employed parallel corpora to compare lexical repetition in the source language (SL) text with its translation in the target language (TL) text. The research corpus consists of an Arabic legal text and its English translation. The researcher examined the different forms of shifts in the translated text, and the motivation of the translator for utilizing each translation shifts. The result proves that translation shift is an inevitable phenomenon. The various types of translation fell under three categories - avoidance of lexical repetition, retention with alteration, and addition of repetition. In the process of translation from Arabic to English, certain basic concepts cannot be replaced; and as such a translational shift (in lexical repetition) is required to appropriately convey ideas from Arabic to English. Arabic tends to use lexical repetition (LR) more than English, but for the legal texts, English uses LR as well as Arabic. The most common shift detected in this corpus is Partial shift. The results display that the roles of ‘repetition’ are not always preserved, sometimes they can be lost. Multiple translation methods were utilized by the translator. These include deletion, paraphrase, synonym and near-synonym, modulation and pronominalisation.
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Simonnaes, Ingrid. "Legal Language – Pragmatic Approaches to Its Interconnectivity with Legal Interpretation and Legal Translation1." Meta 61, no. 2 (October 26, 2016): 421–38. http://dx.doi.org/10.7202/1037766ar.
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The purpose of this paper is to enhance existing insights into the complex relationship between legal language, legal interpretation and legal translation that challenges the participants of a particular domain-specific communicative situation. This situation can be described as a complex communicative-cognitive procedure taking into consideration a pragmatic approach to reach its addressees on a continuum from lay persons to experts. The analysis of some “typical” examples shows (not surprisingly) that different kinds of knowledge are necessary in order to achieve a felicitous communicative act in which a high degree of specialist knowledge is of paramount importance to a successful result both in intra- and interlingual translation. The particular legal language under scrutiny, in other words German contrastive to Norwegian, form the basis for the analysis of the activity of translation in which the translator must be able to understand/interpret the text and must be aware of not taking the words at their “face value” to be able to render their meaning in the target language.
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Cosmulescu, Andreea Maria. "Views on the Complexity of Legal Translation." Romanian Journal of English Studies 18, no. 1 (December 1, 2021): 137–44. http://dx.doi.org/10.1515/rjes-2021-0013.
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Abstract Legal translation has acquired ever increasing importance within translation studies. The paper focuses on the complexity of legal translations on account of a series of characteristics such as: lack of equivalent terminology, cultural differences, legal style conventions, etc. It turns out that legal translation is a special type that involves mediating between different languages and different cultures and legal systems.
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Cornelius, E. "The curious case of legal translation." Literator 32, no. 1 (June 22, 2011): 121–44. http://dx.doi.org/10.4102/lit.v32i1.6.
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This article explores the nature and scope of legal translation which is an under-researched area in South Africa. In this article the author predicts that the demand for competent legal translators will increase in the future, evidenced by a recent call by the Department of Justice and Constitutional Development(DoJ&CD), inviting applications for ten positions for “legislative language practitioners”. However, legal translation differs substantially from general translation in the sense that legal translation is subject to heavy restrictions at all levels and legal considerations are of paramount importance in a country such as South Africa, which provides for eleven official languages. Legal translation involves different legal languages, different legal systems and different cultural systems that require specialised knowledge and skills of the translator. The aim of this article is to investigate the core competencies and skills the legal translator must have; to consider the balance between legal competence and translation or linguistic competence; and to propose a discourse-analytical method of source text analysis, developed by Bhatia as a simplification strategy, as this may be a powerful tool in the training of legal translators in South Africa. Recent developments in South Africa relating to the Department of Arts and Culture’s obligation to translate legislation into all official languages, have important consequences for legal translation in general and the training of legal translators in particular.
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Krimpas, Panagiotis G. "Current (2015) Professional Profiles of the Legal Translator in Greece: A Function-oriented Comparison." International Journal of Language, Translation and Intercultural Communication 3 (November 24, 2015): 20. http://dx.doi.org/10.12681/ijltic.8713.
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<p>Like translation in general, and even law itself, legal translation is an interdisciplinary field. Legal linguistics (jurilinguistics), comparative law, general law, terminology, text-linguistics and pragmatics, all have a share in legal translation. The latter is generally viewed as a sort of technical translation (Venuti 1995: 41) and legal language as a technical language (Cao 1997: 18). Those who argue for its special status often claim that legal translation is the antipode of technical translation (Bocquet 2000: 16). On the other hand, there are scholars who argue against this special status of legal translation, claiming there is nothing special about legal translation (Harvey 2002: 180). More moderate views are also found (Herbots 1987: 814). In such questions it takes no true/false answer. Rather, there are many sorts of legal translation. Of course, each view has different implications as far as the legal translator’s skills are concerned. Our discussion starts with a presentation of some key-views about legal translation, with particular emphasis on opposing ones. Then we present the main professional profiles of the legal translator in Greece and the relevant legislation. Who does translate legal texts? What skills do they have? How do they describe their profession and/or services in social media and/or professional websites? Who is the ideal legal translator for the several categories of clients? Which is the right kind of education and/or training for every sort of legal translator? Those are some of the questions that this article tries to give an answer to. After presenting the main functions of translated legal texts, the article closes with a comparison of legal translator’s professional profiles in Greece on the basis of those text functions.</p>
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Adel Nouri, Ahmed. "Analysis of the Style and Terminology Problems in Translating Legal Texts." Al-Adab Journal 1, no. 119 (December 24, 2018): 1–18. http://dx.doi.org/10.31973/aj.v1i119.333.
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These days, Universities are interested a lot in the courses of translation to train and graduate competent and efficient translators. Mistakes in this field may be grievous, that is, translation errors on the job may lead to disasters. In chemical texts, they can cause fatal poisoning or terrible explosion, in aeronautics, they may bring a plane down from the sky on people's heads, and in legal translation, they can unlawfully make a defendant lose a crazily expensive law-suit. The poor performance of an interpreter can spoil the proceedings of a whole international conference. Thus, these possibilities deserve worth attention by the Universities offering courses in Translation and Interpretation and the Universities in Iraq are not exception to this. Virtually all Translation Departments’ course descriptions state that the aim of each course is to introduce students to translation theory and train them to translate from Arabic into English and vice versa. However, most of the students face various difficulties while translating, particularly in legal translation.
Following experimental descriptive method, the paper explores the difficulties and problems faced by the Translation students of Al-Ma'moun University College in legal translation process; that is, while translating legal terms/documents from Arabic into English and from English into Arabic. A test was designed by the researcher in order to explore and investigate the difficulties and problems faced by the students. The test included four questions: 1) Translating English legal paragraph, 2) Translating Arabic legal paragraph, 3) Translating five Arabic legal terms and 4) Translating five English legal terms. The samples of the study were chosen and selected randomly.
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Kurchinskaya-Grasso, Natalia. "The problematic of translation of legal texts." Филология: научные исследования, no. 1 (January 2020): 66–71. http://dx.doi.org/10.7256/2454-0749.2020.1.31362.
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This article explores the translation of legal texts, as it is usually fraught with a variety of challenges of linguistic and extralinguistic nature. The translator must have a strong command of linguistics, translation skills and profound knowledge of national and international criminal-procedural of civil-procedural law. Focus is made on the one hand on determination of typology of general linguistic and translation problems pertaining to legal documents, and on the other – on identification of peculiarities of these problems depending on qualification of a specialist doing legal translation. The main characteristics of legal texts are viewed from the perspective of applied comparative legal science. Interdisciplinary approach towards research in the area of legal translation is a logical solution for the analysis of emerging problems. The article demonstrates some mistakes in translation of legal terms on the example of English, Polish, and Italian languages. The author comes to the conclusion that for a translator without the background of legal practice it is difficult to do the translation of legal texts; as well as submits a proposal on comprising methodological recommendations.
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Acuyo-Verdejo, Maria Del Carmen. "Textual Knowledge in Legal Translation." HERMES - Journal of Language and Communication in Business 17, no. 32 (March 7, 2017): 167. http://dx.doi.org/10.7146/hjlcb.v17i32.25766.
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In this paper, we discuss the importance of textual knowledge for the translator in different cultures. By knowing the superstructure of the different text types, the translator will have less difficulties in his/her decision-making process. The more familiar the translator is with the different types of texts within a given culture and their super structures, the better the reception of the translated text in the target culture. To this purpose, we have taken as our material texts from industrial property law. Most of the times, the main problem translators encounter derives not only from the subject field of a document, where we deal with a very specialised terminology, but also from the text type itself. Recent research in Translation Studies has underlined the importance of this aspect, and specifically in the field of legal translation (Borja, 1998, 2000). This paper is intended to show the specific textual conventions that characterise some of the most commonly translated documents regarding the registration of a trade mark. The documents considered in this paper make specially reference to those we find both in the Spanish and the British legal systems.
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Matvieieva, Svitlana. "TERM AS A KEY UNIT OF LEGAL PARALLEL CORPUS: TRANSLATION ASPECT." Studia Linguistica, no. 15 (2019): 155–64. http://dx.doi.org/10.17721/studling2019.15.155-164.
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The article deals with the development of a corpus approach to the analysis and translation of law terminology. The object of the study is terminology of legal discourse as a semantic phenomenon, the subject is the specifics of the translation of a legal term using the corpus approach. The source of the research material is a parallel English-Ukrainian corpus of legal texts compiled by the author of the article from the decisions of the European Court in English and their translations into Ukrainian with a volume of about 275,000 words (English component). To test the productivity of applying the corpus approach to the translation of a term, the article analyzes the legal term “a perpetrator”, which is a part of the cognitive model LEGAL PROCESS – AGENT / SUBJECT OF ACTION, and its translation into Ukrainian. The analysis of the term in the dictionaries of various types and the comparison of these data with the materials of the corpus of parallel professional (legal) texts carried out in the article demonstrate the absence of certain translation variants for the term being analyzed in the dictionaries. It is important to study the possibilities of corpora of parallel texts of professional metalanguages as sources for clarifying and choosing the most accurate variants for translating terms, enriching terminological and translation dictionaries and developing thesauri of various subject areas.
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Alshaikh, Nouf. "Problems of Translating Legal Contracts: Perspectives of Saudi Translation Students." Journal of Politics and Law 15, no. 2 (May 30, 2022): 50. http://dx.doi.org/10.5539/jpl.v15n2p50.
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Legal translation is one of the challenging domains for translation students. In Saudi Arabia, university translation students are reported to encounter difficulties while translating legal contracts from English to Arabic and vice versa. Also, the literature shows that translation students use certain strategies to overcome these difficulties. This study attempted to examine the most common challenges/difficulties encountered by Saudi translation students when translating legal contracts and the strategies used by them to overcome such difficulties. In order to achieve these goals, the researcher used the descriptive analytical approach and used the questionnaire instrument in order to collect the data from the research sample. The population of this research consisted of all Saudi translation students in two Saudi universities, namely King Saud University and Imam Mohammad Ibn Saud Islamic University. The research population are those students who study at the English language department in each university in the fourth year whose number is (106) students. The target sample is (50%) of the research population. So, the sample size is (53) students, being selected randomly. The findings of the study showed that legal binominal expressions and parallel structure, the structure of legal sentences, the multiple negatives, and the legal text layout are the major challenges that encounter Saudi translation students when translating legal contracts. On the other hand, parallel texts, CAT tools, and Google translation have been reported as strategies used by Saudi translation students to overcome the difficulties they face when they translate legal contracts. The results of the study have important implications for translation teachers, translation syllabus designers, universities, and translation students.
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Simonnaes, Ingrid. "Übersetzungstheorien und Gebrauchstexte." Babel. Revue internationale de la traduction / International Journal of Translation 55, no. 2 (June 17, 2009): 124–41. http://dx.doi.org/10.1075/babel.55.2.02sim.
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The central research question for this paper is how and to what extent translation theories affect the translation of legal texts. I will use the functional-pragmatic approach as one particular modern translation theory and investigate translation solutions in the field of lexical and syntactic problems on the basis of a small corpus of legal texts from the National translator’s exam. As a means of control I compare these solutions with suggested solutions of a small number of candidates preparing themselves for the exam and of some translation experts. My findings show that the old dichotomy free vs. literal is not applicable to this type of translations as we find ourselves on a continuum. The translation brief and the legal force of a particular text influence strongly the translation strategy. Whenever the legal force of the source text supersedes the target text, the strategy of the translator should be at the ‘documentary’ (Nord 1989) end of the continuum. My findings need however to be corroborated on the basis of a much bigger corpus which for the time being is established at the Department of Professional and Intercultural Communication at the Norwegian School of Economics and Administration (NHH) including other language pairs than the one from which I have drawn my examples.
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SIMONNÆS, Ingrid. "INTERSYSTEMISCHER RECHTSVERGLEICH UND INTERLINGUALE RECHTSÜBERSETZUNG NORWEGEN UND DEUTSCHLAND." Comparative Legilinguistics 37 (October 23, 2019): 63–83. http://dx.doi.org/10.14746/cl.2019.37.2.
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This paper presents theoretical aspects of the intersystemic translation of legislative texts from Norwegian into German for informative purposes. When comparing legal systems, one differentiates between international, national and supranational legal systems. Since each legal system has its own conceptual system, the prevailing challenge in legal translation (studies) is how to reconcile different conceptual systems and their denominations in two different legal languages. Therefore, it is often argued that the ideal profile for a legal translator should consist of a combination of skills of both lawyers and linguists. In this vein, a case study on recent changes in Norwegian and German family law concerning motherhood/fatherhood is used to illustrate an interdisciplinary approach to translating central concepts from Norwegian into German.
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Farah, Lubna. "http://habibiaislamicus.com/index.php/hirj/article/view/172." Habibia islamicus 5, no. 3 (September 30, 2021): 33–44. http://dx.doi.org/10.47720/hi.2021.0503a04.
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The translation of the term is considered one of the biggest problems that hinder the translator’s work as it includes cultural terms, since the translation of the term requires the translator to be familiar with the different elements of the semiological framework, and he needs to portray the concept of the term, because the term differs from one nation to another. Therefore, the translator of the Islamic or legal term needs to be a specialist in forensic sciences in addition to translation sciences, in order to transfer the term from the source language to the target language. The paper address the problem of translating Islamic specific terms and legal terms used In Arabic, derived from Sharia or Islamic law. These terms mostly found in Official or religious documents. The research will seek to delve into the meanings of the these Islamic terms, due to importance of these terms, investigate translation process, the issues faces during the translation of the term and the difficulties associated with it, and the criteria that the must take into account when choosing the equivalent terms or word to translate it in corresponding language. What are the techniques, procedures, or the strategies applied by the translator to overcome the difficulties which results in inability or ambiguity in the translated terms. The paper seeks to answer the questions that the translator adapt in translating, what categories and abilities required for Islamic terminologies translator, how the translator shift from one legal culture to another, how he solve problem of religious incompatibility between the terms used in source language and those used in target text
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XU, Ming. "SMART LEARNING MODELS OF CERTIFIED LEGAL TRANSLATORS AND INTERPRETERS." Comparative Legilinguistics 36 (January 25, 2019): 47–64. http://dx.doi.org/10.14746/cl.2018.36.3.
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Legal translation has played an important part in the contact between different people and countries in the history, and is playing an even more significant role in the increasingly globalized world nowadays. The paper is to explore smart learning models of legal translation competence that the proper legal translators and interpreters are supposed to grasp. The results find that the prerequisites about knowledge of comparative laws, legal languages and forensic linguistics are the external framework; the legal translational language competence, legal translational knowledge structures, legal translational strategic competence and context of situation are the internal model. Based on the external framework and internal model, exploring translation competence mainly concerns on the organizational competence and pragmatic competence.
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Шеверун, Надія, Галина Лейцюсь, and Ярослава Мозгова. "LINGUOCULTURAL FACTORS OF LEGAL TERMS’ TRANSLATION." Молодий вчений, no. 2 (90) (February 26, 2021): 161–66. http://dx.doi.org/10.32839/2304-5809/2021-2-90-31.
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The article is devoted to the investigation of linguistic and cultural factors of legal terms’ translation. It was found that the translation of a legal text within two different legal systems requires from the translator: knowledge of the law of the country into / from which the document is translated; fluency in the language of translation and the language of the origin; possession of special legal terminology; understanding of national and cultural differences and features of the country for which the translation is carried out. It is proved that inaccurate, inadequate translation from one language to another creates certain obstacles in the use of a foreign language legal document. Therefore, the translation of a legal text causes many difficulties related to the originality of the legal language, linguistic and cultural differences between the language of origin and the language of translation, differences in legal systems and linguistic traditions of countries, peculiarities of different types of documents.
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Sofyan, Rudy, and Rusdi Noor Rosa. "Problems and Strategies in Translating Legal Texts." Humanus 20, no. 2 (December 31, 2021): 221. http://dx.doi.org/10.24036/humanus.v20i2.112233.
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Translating legal texts is considered as the most difficult translation task as it needs accurate and correct translation, and even minor errors can result in lawsuits and legal exposure. This paper aims at finding out the translation problems and formulating the strategies best applicable in translating legal texts from bahasa Indonesia into English. This is a descriptive study using a document analysis as the method. The data were 15 legal texts having been translated from bahasa Indonesia into English by semi-professional translators. In analysing the data, the document analysis was carried out by skimming, reading, and interpreting the translated legal texts. The results of data analysis reveal three general problems in translating legal texts done by the semi-professional translators, including finding the right equivalent, translator’s insufficient knowledge of English legal language and source text decoding. To overcome such problems, four strategies are proposed: (i) utilizing online resources, (ii) finding the proposition of the legal sentence, (iii) using a description technique, and (iv) employing functional approach to translation. It is concluded that translating legal texts requires translator’s good knowledge of applicable laws and language competence in both the source language and target language.
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Rodríguez-Castro, Mónica, and Clare E. Sullivan. "Rethinking the legal translation classroom: a course for legal translation professionals." Interpreter and Translator Trainer 9, no. 2 (May 4, 2015): 205–28. http://dx.doi.org/10.1080/1750399x.2015.1051771.
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Piecychna, Beata. "LEGAL TRANSLATION COMPETENCE IN THE LIGHT OF TRANSLATIONAL HERMENEUTICS." Studies in Logic, Grammar and Rhetoric 34, no. 1 (October 1, 2013): 141–59. http://dx.doi.org/10.2478/slgr-2013-0027.
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Abstract This paper is concerned with the concept of translation competence as seen from the perspective of translational hermeneutics. The first part of the article provides a short survey of how translation competence and its develop- ment has been described so far, with a particular focus on the legal translator’s skills and abilities. The second part of the paper briefly presents the notion of translational hermeneutics together with its main concepts. The aim of this part of the article is also to show similarities between the translation phenomenon and hermeneutical studies. Finally, building on Stolze’s (2011) hermeneutical model of translation, the last part of the paper presents the main features of a hermeneutical model of legal translation competence.