Legal translation is the translation of language used in legal settings and for legal purposes. Legal translation may also imply that it is a specific type of translation only used in law, which is not always the case. As law is a culture-dependent subject field, legal translation is not necessarily linguistically transparent. Intransparency in translation can be avoided somewhat by use of Latin legal terminology, where possible, but in non-western languages debates are centered on the origins and precedents of specific terms, such as in the use of particular Chinese characters in Japanese legal discussions.[1]
Complexity of legal translation
Intransparency can lead to expensive misunderstandings in terms of a contract, for example, resulting in avoidable lawsuits. Legal translation is thus usually done by specialized law translators. Conflicts over the legal impact of a translation can be avoided by indicating that the text is "authentic" i.e. legally operative on its own terms or instead is merely a "convenience translation", which itself is not legally operative. Courts only apply authentic texts and do not rely on "convenience" translations in adjudicating rights and duties of litigants.
Most legal writing is exact and technical, seeking to precisely define legally binding rights and duties. Thus, precise correspondence of these rights and duties in the source text and in the translation is essential. As well as understanding and precisely translating the legal rights and duties established in the translated text, legal translators must also bear in mind the legal system of the source text (ST) and the legal system of the target text (TT) which may differ greatly from each other.[2] This is a challenge because it requires that the translator have substantial legal knowledge as well as the multiple legal systems that can exist in one language.[2] Examples of different legal systems include Anglo-American common law, Islamic law, or customary tribal law for examples.
Apart from terminological lacunae (lexical gaps), textual conventions in the source language are often culture-dependent and may not correspond to conventions in the target culture (see e.g. Nielsen 2010). Linguistic structures that are often found in the source language may have no direct equivalent structures in the target language. The translator therefore has to be guided by certain standards of linguistic, social and cultural equivalence between the language used in the source text (ST) to produce a text (TT) in the target language. Those standards correspond to a variety of different principles defined as different approaches to translation in translation theory. Each of the standards sets a certain priority among the elements of ST to be preserved in TT. For example, following the functional approach, translators try to find target language structures with the same functions as those in the source language thus value the functionality of a text fragment in ST more than, say, the meanings of specific words in ST and the order in which they appear there.
Translation issuesedit
The usage of transcription in the context of linguistic discussions has been controversial. Typically, two kinds of linguistic records are considered to be scientifically relevant. First, linguistic records of general acoustic features, and secondly, records that only focuses on the distinctive phonemes of a language. While transcriptions are not entirely illegitimate, transcriptions without enough detailed commentary regarding any linguistic features used has a great chance of the content being misinterpreted.[3] An example that highlights this complication with transcription is displaying dialect in writing. The fundamental problem with this situation is that the transcribed product is not simply a spoken language in its written form, but a language the transcriber is responsible for writing down and a language that has been transcribed by someone other than the speaker, no matter the level of understanding the transcriber has for the spoken language. It is important to note that any transcription is an interpretation of the speech no matter how detailed it is, and will be selective in what it includes or leave out.[4] Because of this reason, it is important to strategically choose the form of transcription in order to properly represent the spoken language in a written form.[4]
Different approaches to translation should not be confused with different approaches to translation theory. The former are the standards used by translators in their trade while the latter are just different paradigms used in developing translation theory. Few jurists are familiar with terms of translation theory. They may ask interpreters and translators to provide verbatim translation. They often view this term as a clear standard of quality that they desire in TT. However, verbatim translation usually is undesirable due to different grammar structures as well as different legal terms or rules in different legal systems. When it comes to translating, it can be difficult to find the correct words to translate the same information given because not all words that are translated can have the same meaning. There are many cultures around the world that the legal translation has to be exact. It is important that Legal Translators be able to interpret one word from a given language to another while still being able to maintain the same impact and meaning of the legal word.[5]
Bilingual law dictionariesedit
Legal translators often consult specialized bilingual or polyglot law dictionaries. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation. Bilingual legal dictionaries tend to largely be a source of reference for interpretation, rather than a source of literal equivalent translations of legal terminology. Translating legal text from one language to another becomes a challenge for legal experts because there is a level of freedom to translating texts that retain meaning and not necessarily maintaining equivalent semantic structure. There is also a debate between experts to either restrict the legal language to the target text for professional use or to broaden legal language for the use and comprehension of the public, specifically in societies with bilingual law system.[6]
^Mizuno, Makiko (2018). "Linguistic Study of Court Interpreting in Lay Judge Trials in Japan". In Hebert, David G. (ed.). International Perspectives on Translation, Education and Innovation in Japanese and Korean Societies. Cham: Springer. pp. 207–222. doi:10.1007/978-3-319-68434-5_14. ISBN978-3-319-68432-1.
^ abSandrini, Peter (2018). Languages for Special Purposes: An International Handbook. Berlin/Boston: Walter de Gruyter. p. 554. ISBN978-3-11-022800-7.
^ abMacaulay, Ronald K. S. (1991). ""Coz It Izny Spelt When They Say It": Displaying Dialect in Writing". American Speech. 66 (3): 280–291. doi:10.2307/455800. ISSN 0003-1283. JSTOR 455800.
^Gotti, Maurizio (2016). "Linguistic Features of Legal Texts: Translation Issues". Statute Law Review. 37 (2): 144–155. doi:10.1093/slr/hmu027. ISSN 0144-3593.
^Poon, Wai Yee Emily (2010). "Strategies for Creating a Bilingual Legal Dictionary". International Journal of Lexicography. 23 (1): 83–103. doi:10.1093/ijl/ecp037. ISSN 0950-3846.
Relevant literatureedit
Garzone, Giuliana (2000). (PDF). University of Bologna. Archived from the original (PDF) on 2003-12-11. Retrieved 2010-07-14.
Hjort-Pedersen, Mett; Faber, Dorrit (2001). "Lexical ambiguity and legal translation: a discussion". Multilingua. 20 (4): 379–392. doi:10.1515/mult.2001.008.
Šarčević, Susan (2000). (PDF). University of Rijeka. Archived from the original (PDF) on 2003-10-10. Retrieved 2010-07-14.
Ghadi, Alireza Sadeghi. "All New Theories And Concepts About Translation In New Century". {{cite web}}: Missing or empty |url= (help)
Downing, Bruce T.; Bogoslaw, Laurence H. (February 25, 2003). "Effective Patient-Provider Communication Across Language Barriers: A Focus on Methods of Translation". Retrieved 2010-07-14.
Elmiger, Daniel (February 2013). "Translating international gender-equality institutional/legal texts: The example of 'gender' in Spanish". Gender and Language. 7 (1): 75–96. doi:10.1558/genl.v7i1.75.
December 20, 2023
legal, translation, this, article, includes, list, references, related, reading, external, links, sources, remain, unclear, because, lacks, inline, citations, please, help, improve, this, article, introducing, more, precise, citations, june, 2015, learn, when,. This article includes a list of references related reading or external links but its sources remain unclear because it lacks inline citations Please help to improve this article by introducing more precise citations June 2015 Learn how and when to remove this template message Legal translation is the translation of language used in legal settings and for legal purposes Legal translation may also imply that it is a specific type of translation only used in law which is not always the case As law is a culture dependent subject field legal translation is not necessarily linguistically transparent Intransparency in translation can be avoided somewhat by use of Latin legal terminology where possible but in non western languages debates are centered on the origins and precedents of specific terms such as in the use of particular Chinese characters in Japanese legal discussions 1 Complexity of legal translationIntransparency can lead to expensive misunderstandings in terms of a contract for example resulting in avoidable lawsuits Legal translation is thus usually done by specialized law translators Conflicts over the legal impact of a translation can be avoided by indicating that the text is authentic i e legally operative on its own terms or instead is merely a convenience translation which itself is not legally operative Courts only apply authentic texts and do not rely on convenience translations in adjudicating rights and duties of litigants Contents 1 Source text and target text 2 Translation issues 3 Bilingual law dictionaries 4 See also 5 References 6 Relevant literatureSource text and target text editMost legal writing is exact and technical seeking to precisely define legally binding rights and duties Thus precise correspondence of these rights and duties in the source text and in the translation is essential As well as understanding and precisely translating the legal rights and duties established in the translated text legal translators must also bear in mind the legal system of the source text ST and the legal system of the target text TT which may differ greatly from each other 2 This is a challenge because it requires that the translator have substantial legal knowledge as well as the multiple legal systems that can exist in one language 2 Examples of different legal systems include Anglo American common law Islamic law or customary tribal law for examples Apart from terminological lacunae lexical gaps textual conventions in the source language are often culture dependent and may not correspond to conventions in the target culture see e g Nielsen 2010 Linguistic structures that are often found in the source language may have no direct equivalent structures in the target language The translator therefore has to be guided by certain standards of linguistic social and cultural equivalence between the language used in the source text ST to produce a text TT in the target language Those standards correspond to a variety of different principles defined as different approaches to translation in translation theory Each of the standards sets a certain priority among the elements of ST to be preserved in TT For example following the functional approach translators try to find target language structures with the same functions as those in the source language thus value the functionality of a text fragment in ST more than say the meanings of specific words in ST and the order in which they appear there Translation issues editThe usage of transcription in the context of linguistic discussions has been controversial Typically two kinds of linguistic records are considered to be scientifically relevant First linguistic records of general acoustic features and secondly records that only focuses on the distinctive phonemes of a language While transcriptions are not entirely illegitimate transcriptions without enough detailed commentary regarding any linguistic features used has a great chance of the content being misinterpreted 3 An example that highlights this complication with transcription is displaying dialect in writing The fundamental problem with this situation is that the transcribed product is not simply a spoken language in its written form but a language the transcriber is responsible for writing down and a language that has been transcribed by someone other than the speaker no matter the level of understanding the transcriber has for the spoken language It is important to note that any transcription is an interpretation of the speech no matter how detailed it is and will be selective in what it includes or leave out 4 Because of this reason it is important to strategically choose the form of transcription in order to properly represent the spoken language in a written form 4 Different approaches to translation should not be confused with different approaches to translation theory The former are the standards used by translators in their trade while the latter are just different paradigms used in developing translation theory Few jurists are familiar with terms of translation theory They may ask interpreters and translators to provide verbatim translation They often view this term as a clear standard of quality that they desire in TT However verbatim translation usually is undesirable due to different grammar structures as well as different legal terms or rules in different legal systems When it comes to translating it can be difficult to find the correct words to translate the same information given because not all words that are translated can have the same meaning There are many cultures around the world that the legal translation has to be exact It is important that Legal Translators be able to interpret one word from a given language to another while still being able to maintain the same impact and meaning of the legal word 5 Bilingual law dictionaries editLegal translators often consult specialized bilingual or polyglot law dictionaries Care should be taken as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation Bilingual legal dictionaries tend to largely be a source of reference for interpretation rather than a source of literal equivalent translations of legal terminology Translating legal text from one language to another becomes a challenge for legal experts because there is a level of freedom to translating texts that retain meaning and not necessarily maintaining equivalent semantic structure There is also a debate between experts to either restrict the legal language to the target text for professional use or to broaden legal language for the use and comprehension of the public specifically in societies with bilingual law system 6 See also editIndeterminacy of translation Skopos theory Translating law to other European languages Translating for legal equivalenceReferences edit Mizuno Makiko 2018 Linguistic Study of Court Interpreting in Lay Judge Trials in Japan In Hebert David G ed International Perspectives on Translation Education and Innovation in Japanese and Korean Societies Cham Springer pp 207 222 doi 10 1007 978 3 319 68434 5 14 ISBN 978 3 319 68432 1 a b Sandrini Peter 2018 Languages for Special Purposes An International Handbook Berlin Boston Walter de Gruyter p 554 ISBN 978 3 11 022800 7 Heffner R M S 1934 Concerning Transcription Language 10 3 286 290 doi 10 2307 409478 ISSN 0097 8507 JSTOR 409478 a b Macaulay Ronald K S 1991 Coz It Izny Spelt When They Say It Displaying Dialect in Writing American Speech 66 3 280 291 doi 10 2307 455800 ISSN 0003 1283 JSTOR 455800 Gotti Maurizio 2016 Linguistic Features of Legal Texts Translation Issues Statute Law Review 37 2 144 155 doi 10 1093 slr hmu027 ISSN 0144 3593 Poon Wai Yee Emily 2010 Strategies for Creating a Bilingual Legal Dictionary International Journal of Lexicography 23 1 83 103 doi 10 1093 ijl ecp037 ISSN 0950 3846 Relevant literature editGarzone Giuliana 2000 Legal translation and functionalist approaches a contradiction in terms PDF University of Bologna Archived from the original PDF on 2003 12 11 Retrieved 2010 07 14 Hjort Pedersen Mett Faber Dorrit 2001 Lexical ambiguity and legal translation a discussion Multilingua 20 4 379 392 doi 10 1515 mult 2001 008 Nielsen Sandro 1994 The bilingual LSP dictionary Principles and practice for legal language Gunter Narr Verlag ISBN 978 3 8233 4533 6 Beuvant Hugo Carvalho Therence Lemee Mathilde 2018 Les traductions du discours juridique Perspectives historiques Presses Universitaires de Rennes ISBN 978 2 7535 6511 1 Nielsen Sandro 2010 Translational Creativity Translating Genre Conventions in Statutes Vertimo Studijos 3 3 23 35 doi 10 15388 VertStud 2010 3 10586 Sarcevic Susan 2000 Legal translation and translation theory a receiver oriented approach PDF University of Rijeka Archived from the original PDF on 2003 10 10 Retrieved 2010 07 14 Ghadi Alireza Sadeghi All New Theories And Concepts About Translation In New Century a href Template Cite web html title Template Cite web cite web a Missing or empty url help Downing Bruce T Bogoslaw Laurence H February 25 2003 Effective Patient Provider Communication Across Language Barriers A Focus on Methods of Translation Retrieved 2010 07 14 Elmiger Daniel February 2013 Translating international gender equality institutional legal texts The example of gender in Spanish Gender and Language 7 1 75 96 doi 10 1558 genl v7i1 75 Retrieved from https en wikipedia org w index php title Legal translation amp oldid 1180111028, wikipedia, wiki, book, books, library,
