scholarly journals Cultural, textual and linguistic aspects of legal translation: A model of text analysis for training legal translators

2020 ◽  
Vol 5 (2) ◽  
pp. 285-300
Author(s):  
Guadalupe Soriano Barabino

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.

Fachsprache ◽  
2021 ◽  
Vol 43 (1-2) ◽  
pp. 52-74
Author(s):  
Aleksandra Matulewska ◽  
Joanna Kic-Drgas ◽  
Paula Trzaskawka

This article examines the phenomenon of pluricentrism in language for legal purposes. The purpose of the research is to discuss the coexistence of different language varieties resulting from the existence of pluricentric languages in a legal context, and how this can affect translation decisions. The research focuses on English and German. The authors apply the comparative method to identify differences and similarities in legal terminology, in order to develop the resulting didactic implications for legal translation courses. The methods used in the article encompass: the analysis of comparable texts, the terminological analysis of research material (comparative law methodology), the theory of skopos, and an analysis of the relevant literature. The research material mostly consisted of civil law documents of countries where the languages under discussion are spoken. The research hypothesis is that if a given language is an official language in more than one country, the legal languages are not uniform and vary in respect to national legal language variants (similar to general language), and consequently there is a risk of making an error. Thus the students of translation studies must be made aware of the resultant differences in order to solve translation problems more efficiently and to reduce the number of errors in specialised translation. The analysis of the source text through the prism of terminology should be related to the legal system of the country concerned. Students of translation courses should be aware of the semantic differences between legal terms in order to find proper equivalents.


2019 ◽  
Vol 34 ◽  
pp. 53-64
Author(s):  
Olena VELYKODSKA

The article deals with basic requirements to the translation for specific purposes, namely legal translation. The problem posed here is defining object and theoretical basis of legal translation. The question of the necessity of information search as an integral part of translation strategy has been raised. Detailed analysis revealed that the requirements of professional translators  include knowledge of lexical and grammatical peculiarities of both languages in legal sphere; deep understanding of the concepts employed  by specialists in particular field and the specialist terms used to express these concepts and their relationships in the source and target languages. It is recommended  that evaluation of the translation may be done on the following principles: communicative pragmatic norms of translation; equivalent norms of translation; absence of contextual, cultural, functional, lexico-grammatical mistakes.


Author(s):  
Anja Krogsgaard Vesterager

Whilst the concept of explicitation has spawned many research projects in the field of Translation Studies, implicitation remains an understudied area. This article addresses that research gap, reporting on the findings of an empirical study on Danish translators’ use of implicitations in their Spanish to Danish translations of an excerpt from a judgment. The aim of the study was to examine, on the one hand, whether the translators used implicitations in their translations, and, on the other hand, whether differences could be observed between experts and non-experts. The data reported here consisted of a Spanish source text and 10 translations into Danish by five experts and five non-experts. The translations were analysed using qualitative methods (consisting of contrastive text analysis) followed by a quantitative synthesis. Overall, the findings revealed that implicitations were very rare and, consequently, no conclusive results could be drawn in relation to translation expertise.


Author(s):  
José Endoença Martins

This article compares two different Brazilian translated versions of Toni Morrison's novel Beloved: the first published in 1994, the other in 2007, both as Amada. The analysis concentrates on the speech delivered by Baby Suggs, in which she exhorts her listeners to care for their bodies. The main idea behind this article is that Beloved and the Amadas converse or talk, thus performing signifyin(g), a concept which, in Henry Louis Gates's words, explains how intertextual conversation happens through “repetition and revision, or repetition with a signal of difference” (xxiv). Its general theoretical foundations include interconnections involving several instantiations of signifyin(g): between Black nationalism and negritude, postcolonialism and African Americanism. In its specific concern with translation, the conversation that the source keeps with the target texts involves two translation theories: fluency and resistance; two kinds of translating interventions: omission and addition; and three types of strategies: syntactic, semantic, and pragmatic. These distinct categories help readers grasp translation as a continuum by means of which a specific source text encounters its target equivalents and, then, returns to its origin. The original article is in English.


2013 ◽  
Vol 14 (4) ◽  
pp. 301-306 ◽  
Author(s):  
Anna Fortoul Obermöller

The Case Study section of the International Journal of Entrepreneurship and Innovation serves two purposes. First, the case studies presented are concerned with problematical issues that are pertinent to students of entrepreneurship. Thus they constitute appropriate teaching and learning vehicles on a variety of postgraduate and undergraduate programmes. Each case study is accompanied by a set of guidelines for the use of tutors. Second, it is envisaged that those engaged in entrepreneurial activities will find the cases both interesting and useful. The case of PSA Peugeot Citroën's electric passenger car is an example of an innovation perceived as a failure because of its disappointing sales volume. Yet, by limiting our assessment of the electric passenger car to a short-term perspective, we may miss out on an essential part of its value. As part of a wider innovation process, the electric passenger car project is a significant step for PSA in its expertise regarding electric vehicles. Key learning outcomes: (a) to understand that innovation is a complex process with fuzzy frontiers, both in time and space; (b) to understand that innovation is a long-term investment with spillovers into other projects; (c) to be aware of the multiple perspectives that may be adopted when examining innovation; and (d) to be aware of the impact of labelling a project a failure.


2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Sadia Belkhir

Abstract Metaphoric proverbs represent interesting cultural instances of conventional metaphors (Belkhir 2014, 2012). The ubiquity of metaphoric proverbs in language and the problems this phenomenon causes in translation is an issue that requires close attention. Translation aims at providing semantic equivalence between two languages. According to Vinay and Darbelnet (1995), equivalence constitutes the adequate method that should be used by translators when dealing with proverbs. However, no translator can provide perfect translation of a source text due to cultural specificities. The present paper offers a modest report of an experimental study conducted with a group of efl students who have been taught translation as a subject in a higher education context (Mouloud Mammeri University). A set of English proverbs has been collected to build up the experiment that was administered to the subjects who were asked to translate them into Arabic, then into their first language, Kabyle. The question raised is whether these students are able to translate the proverbs appropriately. The study aims (1) to investigate translation strategies used by efl learners; and (2) to show how leaners’ L1 (Kabyle) and L2 (Arabic) interfere in the translation of English proverbs. The results showed that the more the students were acquainted with proverbs, the more they used equivalence in their translation. Similarly, the lesser they were acquainted with proverbs, the more they used literal translation or paraphrase. In addition, some translations provided by the participants revealed the presence of language interference.


2018 ◽  
Vol 63 (1) ◽  
pp. 94-117 ◽  
Author(s):  
Kenneth Grima

This paper focuses on the transposition from English into Maltese of the various proper names encountered in Frank McCourt’s memoir Angela’s Ashes (Chapter 1). To achieve this aim, an extended practical translation exercise by the author himself is used. Eight different categories of proper names were identified in the source-text ranging from common people names to nicknames, titles and forms of address. Four different categories of cross-cultural transposition of proper names were considered, although only two were actually used. Various translation strategies were adopted ranging from non-translation to modification, depending on whether the particular proper name has a ‘conventional’ meaning or a culturally ‘loaded’ meaning. Although cultural losses were unavoidable, cultural gains were also experienced. Wherever possible, the original proper names were preserved to avoid any change in meaning and interference in their functionality as cultural markers. Moreover, a semantic creative translation was preferred, especially with proper names that were culturally and semantically loaded to reduce the amount of processing effort required by the target-reader and to minimize the cultural losses of relevant contextual and cultural implications in the target-text.


2017 ◽  
Vol 13 (4) ◽  
pp. 77-90 ◽  
Author(s):  
Célio Gonçalo Cardoso Marques ◽  
António Manso ◽  
Ana Paula Ferreira ◽  
Felisbela Morgado

The acquisition of reading skills is decisive for the academic achievement of students. However, learning to read is a complex process. With this in mind, several attempts have been made to find new educational approaches to enhance students' reading motivation. Considering the enormous potential of ICT for education and training, we have developed a digital repository of teaching and learning materials and a multiplatform application that runs on mobile devices: Letrinhas. This information system was designed to promote the development of reading and to provide tools for monitoring and assessing reading skills against the curricular targets set by the Ministry of Education. Letrinhas was evaluated by specialists and users and a high level of satisfaction was observed among students and teachers as time and effort spent to consolidate reading is considerably reduced with this application. This evaluation also enabled to identify features that will be available in the future.


2019 ◽  
Vol 4 (2) ◽  
pp. 136-145
Author(s):  
Ely Hayati Nasution ◽  
Roswita Silalahi ◽  
Vivi Adryani Nasution

The translation is a representation of the effect of developing technology on language. Translated website or website localization with the easiness of accessibility is considered as the most efficient space for transferring the information nowadays. It certainly involves the appropriate translation strategies in order to provide reliable information required. This research aims to identify the translation strategy involved under foreignization and domestication reference in the official website localization of Ministry of Health of Republic of Indonesia, to find out the most dominant translation strategy used, and to analyze the reasons to what extent foreignization and domestication applied, by referring the classifications proposed by Venuti (2008). The source of data was taken from five (5) popular news along 2018 which were broken down into 191 data analyzed, consisting of 5 headlines in the form of phrases and sentences, contents totally written in 161 sentences, and 25 sub-contents in the form of words, phrases, clauses, and sentences. The research found that the translator used all eight (8) translation strategies under domestication and foreignization reference including literal translation, transliteration, borrowing, transference, transposition, omission, addition, and adaptation, simultaneously or separately. Literal translation becomes the most dominant translation strategy used and it can indicate that the website localization is translated into source text-oriented.


2021 ◽  
Vol 4 (4) ◽  
pp. 172-177
Author(s):  
Dellia Erdita

This research aims to find out the similes found in the novel “Game of Thrones” and its Indonesian translation “Perebutan Tahta”, and to investigate what translation strategies are used in translating the similes from the source text to the target text. The method applied in this research is descriptive qualitative which is used to describe the phenomena occuring in the translation of similes from English into Indonesian. The data were collected from the first three chapters of the novel Game of Thrones by George R. R. Martin and its Indonesian version entitled Perebutan Tahta. The similes are identified by using the theories of similes proposed by Israel (2014), Harding (2017), Knowles and Moon (2006), and Kridalaksana (2013). In analyzing the data, the translation strategies proposed by Chesterman (2016) are used. The result shows that there are 32 data found, 28 of them are similes translated into similes, while 4 of them are similes translated into non-similes. The translation strategy used to translate similes into similes is trope change type A, while the translation strategy used to translate similes into non-similes are trope change type C. The findings show that the translation of similes into similes are dominant in the first three chapter of the novel with the percentage 87,5% from out of 32 data found, while the translation from similes to non-similes is only 12,5%. The findings also show that there is secondary strategy found while analyzing the data, namely compression. Nevertheless, regardless of the fact that the similes in the source text are translated into similes and non-similes in the target text, the main translation strategy used is still trope change, although the types are different. For the reason that the trope change strategy is specifically stated by Chesterman to translate figurative expressions, which includes simile. Furthermore, the secondary strategy, compression, occurred because due to the structure of Indonesian language, the translation in the target text tends to be shorter than the original source text in English.


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