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

Author(s):  
Jānis Veckrācis

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.

Author(s):  
Aleksandra Erić-Bukarica

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.


Author(s):  
Dominador L. Pagliawan

Over the years, translation practice has constantly faced numerous challenges and demands. Among these is the necessity for the translator to stay faithful to the source text in transporting meanings to the target language. In actual practice, though, fidelity in translation proves rather remote, even close to impossible. Try as they do, translators fail to achieve precision in their translation tasks. Yet the translation practice remains needful and relevant. Viewing this seeming failure from the deconstructive critical lens in an attempt to salvage translation, this paper theorized and found out that the latter is rightly a form of deconstruction rather than a product of infidelity. This shows in various translation procedures which, when subjected to closer scrutiny, eventually manifest their deconstructive nature. This study, then, contributes insights into the increasing corpus of theories that govern the translation process. 


2021 ◽  
Vol 2(163) ◽  
pp. 181-221
Author(s):  
Bartłomiej Wróblewski ◽  
Maurycy Zajęcki

In a previously published article (Przegląd Sejmowy No. 5(142)/2017) the authors proposed definitions of the following concepts: normativity, redundancy and uselessness of a legal text. The article provides a typological review of Polish legal texts. The authors analysed the basic units of the integral (articulated) part of normative acts, i.e. legal provisions, showing their normativity, redundancy, and uselessness. The analyse includes: internal preambles, provisions describing the object and subject scope of the act, legal principles, programme and task provisions, meliorative provisions, emendations, permanently unrealisable regulations, legal definitions. The analyses led to identification of four basic types of errors in legal provisions, which were named: “doubles”, “widows”, “orphans”, and “botches”. In their closing remarks, the authors signalled the need to supplement the analysis with a description of non-integral (non-articulated) parts of normative acts. Another part of the study, devoted to these problems, is currently being prepared.


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.


Author(s):  
Richard F. Thomas

Domestication of ancient epics appears to be a focal theme in recent translation studies. This chapter explores a specific aspect of this theme by focusing on the domestication of aesthetic, linguistic, and metre-specific effects. Thomas raises the question of whether or not it is possible to translate language-specific idioms into the target language without losing the poignancy of the source text; and his discussion provides copious examples drawn from English translations of Virgil’s works. By juxtaposing and evaluating different translations of the same highly marked passages of Virgil, he asks whether adherence to or departure from the dynamics of the source texts leads to the ideal translation.


Author(s):  
Michael N. Forster

Herder’s theory of translation not only ultimately inspired but is also superior to the most important current theories of translation, those of Berman and Venuti. It is superior to them largely because it continues a traditional conception that faithfully re-expressing the meaning of the source text is a central criterion of success in translation. Like his hermeneutics, Herder’s translation theory rests on his philosophy of language and his principle of radical mental difference. He develops a number of important principles here, including a principle that the way to achieve semantic faithfulness in the face of conceptual differences is to “bend” word-usages in the target language in order to reproduce those in the source language, and a principle that translation must also strive for musical faithfulness. His translation theory not only inspired Schleiermacher’s but also made possible the extraordinary improvements in translation practice that occurred in the generation after him.


2016 ◽  
Vol 13 (2) ◽  
pp. 225-239
Author(s):  
Mette Hjort-Pedersen

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.


Author(s):  
N.A. Kalmazova ◽  
Yu.A. Kuznetsova

The article presents a modern approach to the issue of translatability/untranslatability and the limits of translatability of legal texts. Full translatability of legal texts is hindered by linguistic factors: 1) categorization of reality (discrepancy between the concept of a term in the source language (SL) and the target language (TL); 2) the presence of ethnographic gaps (the absence of both concepts and terms in the TL); 3) differences in the stylistic traditions of the SL and TL (different stylistic components of the texts of SL and TL). Some elements reflecting the content of the legal text also complicate translatability: 1) the alienation of the legal concept to the culture and perception of the recipient of the translation (groundlessness and impossibility of the existence of the concept in the TL); 2) the absence of a linguistic genre in the host culture (the algorithm for presenting textual information is not typical for the TL).


Author(s):  
Melati Desa

ABSTRACT   : Language and culture influences each other and its effect is reflected in not only the way humans think, but could also be seen in a full load of figurative elements in creative writing, such as metaphors. Thus, the report examines the aspects of the transfer of meaning in the live metaphors in Haru No Yuki, literary Japanese texts written by Yukio Mishima (1925 – 1970) translated to Malay by Muhammad Haji Salleh (1993) as Salju Musim Bunga published by Penataran Ilmu. This report studies on the equivalence of the meaning of translated live metaphors from the source text to the target text. From the study of the equivalence of meaning can be evaluated that, if there is any type of losses of meaning in form of under translation, over translation or wrong translation. The retention of live metaphors in the target text produced an ideal translation. Universal live metaphors maintained by the translator, this approach produced an ideal translation in form of meaning and accepted by the culture and speakers of the target language. The conclusion of this report shows that, one of the factors in producing quality translations is to understand the elements of the original cultural metaphors contained in the source text. Keywords: live metaphor, personification, ideal translation, equivalence of meaning ABSTRAK         : Bahasa dan budaya saling mempengaruhi dan kesannya dapat dilihat bukan sahaja dalam cara manusia berpikir malah dalam penulisan kreatif yang memuatkan unsur figuratif, metafora misalnya. Justeru, kajian ini meneliti aspek pemindahan makna dalam terjemahan metafora hidup dan personifikasi yang terdapat dalam teks kesusasteraan Jepun, Haru No Yuki hasil penulisan Yukio Mishima (1925 – 1970) diterjemahkan oleh Muhammad Haji Salleh (1993) menjadi Salju Musim Bunga (SMB) terbitan Penataran Ilmu. Kertas kerja ini mengkaji keselarasan makna terjemahan metafora hidup dan personifikasi daripada teks sumber kepada teks sasaran. Daripada kajian keselarasan makna dapat dinilai sama ada berlaku peleburan makna metafora apabila terhasilnya terjemahan kurang, terjemahan lebih atau terjemahan salah. Kaedah pengekalan metafora hidup dalam teks sasaran didapati menghasilkan terjemahan ideal. Metafora hidup yang bersifat universal dikekalkan oleh penterjemah, pendekatan ini menghasilkan terjemahan ideal dari sudut makna dan diterima oleh budaya dan penutur bahasa sasaran. Sebagai kesimpulan, kajian ini menunjukkan bahawa, salah satu faktor dalam usaha untuk menghasilkan terjemahan bermutu adalah dengan memahami unsur metafora budaya asal teks sumber.   Kata kunci : metafora hidup, personifikasi, terjemahan ideal, persamaan makna


2011 ◽  
Vol 347-353 ◽  
pp. 426-430
Author(s):  
Da Lai Wang

This paper aims to account for sustainable development of different cultures in the context of globalization from the perspective of cultural functions of translation, which wield enormous power in constructing representations of the foreign culture and have far reaching effects in the target culture. According to cultural communication of translation, the major task of translation is to turn the cultural information in one language into another. Therefore, in the process of translating, the translator should try his utmost to allow his target language reader to acquire cultural information of the source text in order to promote mutual understanding between Western people and Eastern people and make different cultures co-exist peacefully and achieve sustainable development.


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