scholarly journals AN INTEGRATED MODEL FOR TRANSLATING LEGAL TEXTS

2017 ◽  
Vol 5 (5) ◽  
pp. 64
Author(s):  
Alenka Kocbek

The paper proposes a model for translating legal texts which is intended to direct the translation process through a series of stages to the final product—a skopos-oriented target text in which the potential pitfalls resulting from translating between different legal languages and systems have been considered. The model unites different translation stances (Snell-Hornby’s integrated approach, the functionalist views with the skopos theory and the concept of cultureme, as well as Chesterman’s theory of memes) with the findings of comparative law regarding differences between legal systems and their impact on legal languages. It consists of ten stages, each addressing one of the specific linguistic and extralinguistic aspects of legal text types. When translating legal texts, a very specific situation may arise with respect to the cultural embeddedness of the target text, since memes of different legal cultures may co-exist on its various levels. This is especially the case when the parties involved in legal communication occurring through translation decide to use a third language as a lingua franca, which may lack any direct correlation with the legal culture(s) underlying such communication.

2011 ◽  
Vol 56 (1) ◽  
Author(s):  
Sandro Paolucci

AbstractAlthough it is a subject of continuous debate and a frequent source of controversy, the concept of equivalence remains a central topic in translation studies. The solution to any translation problem is obviously far beyond the mere linear transposition of a source text into a target language and, particularly when translating legal texts, specialists in comparative law and legal translators continuously strive to find the most equivalent term or concept in the target language. After briefly presenting equivalence issues in general translation, this article examines the problem of equivalence in legal texts. It stresses the relevance of terminological equivalence, including as a translation process that may compete with others within the same text.


2019 ◽  
Vol 34 ◽  
pp. 65-84
Author(s):  
Paweł BIELAWSKI

The focus of this paper is centered on the translation of German and Polish court names. Based on a thorough analysis of the translation terms used in legal literature and dictionaries, the author concludes that the court names are often being translated in a way that makes it impossible for the reader to correctly identify the institution in question, thus undermining the comprehensibility of the target texts significantly.Pointing to the differences between the court systems of Germany and Poland, the author contemplates whether the dissimilarities between two institutions from different legal systems need always to be marked in the translation. On the basis of the comparative law theory, the meaning features essential for both legal communication and legal translation are identified and presented.In the next part, the author examines how to translate the court names so that the institution at issue is instantly recognizable in the target text. As a result, three comprehensive translation techniques are proposed.The presented translation techniques shall contribute to improving the comprehensibility of legal texts, and constitute an alternative to the  descriptive translation of these institutions.


2017 ◽  
Vol 7 (7) ◽  
pp. 7
Author(s):  
Radegundis Stolze

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.


2009 ◽  
pp. 2728-2743
Author(s):  
Anna E. Bobkowska

Successful realization of the model-driven software development visions in practice requires high quality models. This chapter focuses on the quality of models themselves. It discusses context-free and context-dependent quality criteria for models and then moves on to methods of evaluation which facilitate checking whether a model is good enough. We use linguistic theories to understand groups of criteria and their impact on other models, software product and the process of software development. We propose a strict distinction of the impacts of visual modeling languages, models of the system and tools for quality criteria. This distinction is helpful when designing the methods of evaluation and making decision about the point in time, scope and personnel responsible for quality assessment. As the quality criteria and several methods of evaluation has usually been considered separately we propose a methodology which integrates them. Such an integrated approach provides the following benefits. It allows for designing methods of evaluation based on quality criteria and elements of the model (or modeling language) in the context of specific needs. It can be applied for management of the scope of evaluation with quality criteria as well as configuration of the method to a specific situation. It allows for flexible and efficient conduct of the evaluation with selection of the methods of evaluation. Finally, this chapter presents case studies which illustrate the approach.


Author(s):  
Laura Turkaeva

The relevance of this work consists in the fact that at the present stage of society's development, full legal education and training of minors can be achieved through the aspiration of a person to learn the basics of legislation and to show respect for them. Considering the state and legal structure of the Russian Federation, this issue is given special attention. At the same time, knowledge and respect for laws do not yet cover the entire spectrum of the legal culture of the younger generation, since they must also understand and comply with them. Whereas by virtue of their harmonious combination, the coefficient of legal awareness and legal culture of modern children is taking shape. The need to strengthen preventive measures of educational impact is increasing every day. Every child should be aware of and feel the protection and priority of constitutional rights and freedoms. Scientific studies show the need for legal education of children using the state mechanism of influence, taking into account educational institutions, age qualifications and home conditions in which the child is brought up. In addition, positive dynamics in this problem will be observed only through the integrated approach of all state bodies represented by the three branches of government (legislative, executive and judicial), and using the experience of the European powers with the subsequent unification of international law.


Author(s):  
Roger Cotterrell

The idea of legal culture has had an important place in major recent debates about the nature and aims of comparative law. The idea of legal culture entails that law should be treated as embedded in a broader culture of some kind. This culture may, but need not necessarily, be seen as wider than the lawyer’s or lawmaker’s professional realm of law. Often, however, conceptions of legal culture encompass much more than this professional juristic realm. They refer to a more general consciousness or experience of law that is widely shared by those who inhabit a particular legal environment, for example, a particular region, nation, or group of nations. Culture appears fundamental—a kind of lens through which all aspects of law must be perceived, or a gateway of understanding through which every comparatist must pass so as to have any genuine access to the meaning of foreign law.


Author(s):  
Rini Setiawati

Fostering the legal awareness is a current social change demand as part of government attention and promotion in various development efforts. Therefore, the establishment of a new legal product will become a reality if supported by the society members legal awareness. Legal awareness is the basis of the implementation of the law and it related to legal culture closely. Building the society legal culture should be oriented for the efforts to instill, promote and institutionalize the values underlying the law that require legal communication. The current legal counseling are required not just to do with the formal legal approach, but it can be done through a social marketing approach that more responsive in dynamics of change and the need for legal information in each segment of society.


2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Ika Kana Trisnawati

Numerous criticisms have been addressed toward the application of Skopos theory within translation studies. Issues such as vague concepts of translation, ‘dethroning’ the source text, oversimplification and inapplicability to achieve equivalence for literary and religious texts are some of many critiques for Skopos theory. In addition, from a student’s perspective, it is argued that there is no specific guideline to carry out the theory. However, here, I would like to present my perspective as a student practicing translation as well as a brief overview of Skopos theory, its criticisms as well as its usefulness in actual implementation.


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