scholarly journals The Application of Catford's Translation Shifts to the Translation of the UN’s Convention on the Rights of the Child from English into Arabic

2019 ◽  
Author(s):  
Ala Bandar Abdulaziz Altwaijri
Keyword(s):  
Source Text ◽  
Frequent Type ◽  
Rights Of The Child ◽  
Legal Texts ◽  
Level Shifts

The objectives of this study were to determine the most frequent type of translation shifts according to Catford’s model of translation shifts in the translation of the UN’s Convention on the Rights of the Child (1989) from English into Arabic and to examine the inevitability of resorting to translation shifts in legal texts. To conduct the analysis, the researcher selected a sample covering the preamble and the three main parts of the Convention representing legal texts in general. Throughout the analysis, every translation shift was traced and manually counted to identify the most frequent type of translation shifts. The inevitability of each of the identified shifts was examined to conclude how necessary translation shifts were to preserve the meaning and effect of the source text. The findings indicated that intra-system shifts were the most frequent type of shifts with the frequency of 174 shifts (=26.6%), followed by unit shifts scoring 171 shifts (=26.3%), then structure shifts with the frequency of 161 shifts (=24.6%), then class shifts being identified 128 times (=19.6%), and finally level shifts with the frequency of 19 shifts (=2.9%). Regarding the inevitability of resorting to translation shifts, 80.1% (=523 cases) of identified translation shifts were obligatory due to the linguistic disparities between English and Arabic. Only 19.9% of detected (=130 cases) were optional due to the technicality of legal texts. Finally, exposure of translators to legal texts was recommended to understand the linguistic and stylistic characteristics of English and Arabic legal texts and to maintain the meaning in the TT.

scholarly journals THE USE OF MODAL VERBS IN ENGLISH LEGAL TEXTS AND THEIR SERBIAN EQUIVALENTS

2020 ◽  
Vol 9 (9) ◽  
pp. 73-96
Author(s):  
Aleksandra Erić-Bukarica
Keyword(s):  
Target Language ◽  
Occurrence Rate ◽  
Frequency Of Occurrence ◽  
Source Text ◽  
English Version ◽  
Modal Verbs ◽  
Rights Of The Child ◽  
Legal Texts ◽  
Modal Verb ◽  
Similarities And Differences

The aim of this paper is to examine and describe similarities and differences in the use and distribution of modal verbs by contrasting English and Serbian legal texts. The corpus consists of an English version of The Convention on the Rights of the Child and its official Serbian translation. We started from an assumption that modal verbs are more frequent in legal texts in English than in Serbian, where we expected to find examples of lexical items with modal meanings instead. In addition, we assumed that due to its specific use in legal texts of this kind, the English modal ‘shall’ will show the highest frequency of occurrence. A total of one hundred and twenty six (126) modal verbs and a semi-modal ‘need not’ were found in the source text. The results of the analysis support the initial presumption that ‘shall’ will stand out as the most frequent of all modal verbs (60% of all occurrences). Despite the high occurrence rate of the legalistic ‘shall’ in the source text, translation solutions in the target language only rarely take the form of the modal verb. Most often deontic notions of imperative directness and necessity in Serbian legislative writings are expressed by means of the present indicative. The analysis also indicates that translation solutions for the remaining English modal verbs most often take the form of a modal verb or a modal lexeme with a corresponding meaning in Serbian.

scholarly journals Legal safeguards for juvenile accused at trial stage: الضمانات القانونية للمتهم الحدث في مرحلة المحاكمة

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Maha Saad Said Al-shahrani
Keyword(s):  
Fair Trial ◽  
Comparative Approach ◽  
Juvenile Period ◽  
Rights Of The Child ◽  
The Social ◽  
Legal Texts ◽  
The Future ◽  
Social Observation ◽  
A Priority ◽  
Welfare Institution

This study aimed to analyze and compare the legal guarantees of the juvenile accused in the trial stage under both the Saudi regime and the Convention on the Rights of the Child. On the analytical and comparative approach, through the analysis of criminal legal texts dealing with the organization of legal safeguards for the juvenile accused at the trial stage until we find out their adequacy and inadequacy and their effectiveness in achieving a fair trial for juveniles, and compare them with the Convention on the Rights of the Child to address deficiencies and deficiencies, if any, and rectify them. This study culminates in a number of results, the most important of which are: The conviction of the juvenile should not be considered a priority, because it is unfair to load the juvenile mistakes in his juvenile period, in addition to this may affect the future of the event, and make him an adult deviant. The study also reached a number of recommendations, the most important of which are the following: Using the technical means in the social observation house and the girls' welfare institution when conducting the trial with juveniles, because of its importance in the event feeling of peace and comfort Consequences of being in a room isolated from the atmosphere of the trial.

The problem of equivalence in translating legal texts

2011 ◽  
Vol 56 (1) ◽  
Author(s):  
Sandro Paolucci
Keyword(s):  
Comparative Law ◽  
Translation Studies ◽  
Target Language ◽  
Source Text ◽  
Translation Process ◽  
Central Topic ◽  
Legal Texts ◽  
General Translation

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.

Die Syntax beim Übersetzen von Rechtstexten

2011 ◽  
Vol 56 (1) ◽  
Author(s):  
Stefanos Vlachopoulos
Keyword(s):  
Target System ◽  
Source Text ◽  
Syntactic Structures ◽  
Legal Texts ◽  
Target Culture ◽  
Insight Into

AbstractThe goal of this paper is to establish the interplay of functionality and syntactic adaptations in the translation of legal texts. We will attempt to gain insight into the choices the translators of legal texts make and how these can be justified by the function of the target text in the legal target culture. The comparison of the syntactic means used by the text producer to achieve a particular aim and the syntactic structures the translators chose in order to transfer the source text meaning functionally into the target culture is expected to yield insight into if, how and why the translators employed (or not) the stylistic inventory of the target system.

Übersetzungstheorien und Gebrauchstexte

Babel ◽  
2009 ◽  
Vol 55 (2) ◽  
pp. 124-141 ◽  
Author(s):  
Ingrid Simonnaes
Keyword(s):  
Research Question ◽  
Translation Theory ◽  
Central Research ◽  
Source Text ◽  
Pragmatic Approach ◽  
Translation Strategy ◽  
Legal Texts ◽  
The One ◽  
The Continuum ◽  
Legal Force

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.


Informācijas izgūšanas nozīme un daži ar sintaksi saistīti apsvērumi juridisko tekstu tulkošanā

2020 ◽  
pp. 437-449
Author(s):  
Jānis Veckrācis
Keyword(s):  
Specific Aspect ◽  
Target Language ◽  
Sources Of Information ◽  
Source Text ◽  
Legal Text ◽  
Legal Provisions ◽  
Translation Practice ◽  
Legal Texts ◽  
Study Programs ◽  
Source Sentence

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.

scholarly journals Interferencja w przekładzie jako skutek wzajemnych oddziaływań języków (na przykładzie tłumaczeń tekstów z zakresu prawa w parze językowej polski–rosyjski)

2020 ◽  
Vol 55 ◽  
Author(s):  
Wanda Stec
Keyword(s):  
Negative Transfer ◽  
Russian Language ◽  
Language Transfer ◽  
Source Text ◽  
External Interference ◽  
Legal Texts

Interference Between Languages in Translation (Observations Based on Polish– Russian Translations of Legal Texts)This article considers the issue of language transfer in translation. External interference is one of the most common reasons behind the lack of equivalence between the source text and the target text. Negative transfer leads to the lack of linguistic correctness as well as to modifying or altering the meaning of the translated text. In the didactics of translation, the rationale behind identifying and analysing linguistic errors is to develop and improve translation skills. The issue in focus is presented based on translations of legal texts in the Polish–Russian language pair.Interferencja w przekładzie jako skutek wzajemnych oddziaływań języków (na przykładzie tłumaczeń tekstów z zakresu prawa w parze językowej polski–rosyjski)W tekście przedstawiono zagadnienia transferu językowego w przekładzie. Interferencja zewnętrzna uważana jest za jedną z podstawowych przyczyn zakłócenia ekwiwalencji między tekstem źródłowym a docelowym tłumaczenia. Transfer negatywny przyczynia się do braku poprawności językowej, modyfi­kacji czy zmiany sensu w przetłumaczonym tekście. W dydaktyce przekładu identyfikacja i analiza błędów służą wyrobieniu i doskonaleniu umiejętności translatorskich. Temat zaprezentowano na materiale tłumaczeń prawniczych w parze językowej polski–rosyjski.

scholarly journals Free vs. Faithful – Towards Identifying the Relationship between Academic and Professional Criteria for Legal Translation

2016 ◽  
Vol 13 (2) ◽  
pp. 225-239
Author(s):  
Mette Hjort-Pedersen
Keyword(s):  
Target Language ◽  
Source Text ◽  
Language Community ◽  
Source Language ◽  
Binding Force ◽  
Legal Translation ◽  
Legal Texts ◽  
Close Relationship ◽  
The Relationship ◽  
The Way

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.

scholarly journals METODA KONTRASTYWNA I KRYTERIA TEKSTUALNOŚCI W PRZEKŁADZIE TEKSTÓW PRAWNICZYCH

2018 ◽  
Vol 31 ◽  
pp. 89-113
Author(s):  
Paweł BIELAWSKI
Keyword(s):  
Legal System ◽  
Comparative Law ◽  
Comparative Approach ◽  
Source Text ◽  
Legal Translation ◽  
Legal Texts ◽  
The Status ◽  
Functional Equivalent ◽  
Similarities And Differences

This paper focuses on legal translation. First, the author defines legal texts and points to particular responsibility related with legal translation resulting from the status of these texts. Turning to the aspects of translation, the author underlines the boundness of each legal system to the country it is in force. At the same time, he points to the conceptual and terminological uniqueness resulting from this boundness. Against this backdrop, the premisses of, both, the comparative law and comparative terminology are presented. With regard to legal translation the similarities and differences existing between both comparative approaches are stated. In the final step, the author points to the importance of seven standards of textuality in legal translation. The purpose of the present paper is to emphasize the importance of the comparative approach and of the textuality for legal translation. The Author stresses here these aspects of translation which allow the  target text to become a functional equivalent to the source text.

scholarly journals LA NON-TRADUCTION DANS LA TRADUCTION JURIDIQUE. LE CAS DE L’UNION EUROPÉENNE

2017 ◽  
Vol 30 ◽  
pp. 85-105
Author(s):  
Anna WALICKA
Keyword(s):  
Source Text ◽  
Translation Strategy ◽  
Corpus Studies ◽  
Legal Texts ◽  
The Eu

The article describes the results of the corpus studies to determine the frequency and scope of the translation strategy involving the deliberate non-translation of selected elements of the source text in legislative and legal texts. The analysis was based on the multilingual official legislative and legal publications of the EU available at eur-lex.europa.eu. The examples quoted in the article come from equipollent versions in English, French and Polish.

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