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

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.

2020 ◽  
Vol 8 (3) ◽  
pp. 381-391
Author(s):  
Muhammad Hasyim ◽  
Prasuri Kuswarini ◽  
Kaharuddin

Purpose of the study: Not all languages have a universal concept of the same object, and this creates problems in translation. This paper aims to examine the semiotic model for equivalence or non-equivalence in translation which attempts to define the semiotic model, to use the model for translation, and to offer the benefits of this model to solving translation’s problem in equivalence and non-equivalence. Methodology: The data of this research are derived from the novel Lelaki Harimau, as the source language and L'homme Tigre, as the target language. This model is used in the Indonesian novel which has been translated into 14 languages, one of which is in French. The authors use a semiotic approach to analyze the equivalence and non-equivalence in the translation.  Main Findings: This study reveals that the concept of signified in the semiotic theory proposes two models: the first: translation using the same concept in the source text (ST) and target text (TT), which is broadly known as equivalence, the second: translation using different concept between ST and TT, this called non-equivalence. This article not only explores the issue of meaning contextually in translation, but also the use of the semiotic model in translation which shows that the language perspective depends on the relationship between the sign and the object. Applications of this study: The model for this study can be used not only in translation studies at universities but also in providing supporting data for applied linguistic studies. Novelty/Originality of this study: This study provides a novelty in translation research with a semiotic approach. The contribution of this study is that the semiotics perspective suggests that a sign in the concept level (signified) will not be universal due to different cultural backgrounds.


Author(s):  
Aris Wuryantoro ◽  
H.D. Edi Subroto ◽  
M.R. Nababan

Legal translation is the transferring the meaning from source language text into target language which not only consists of language system but also legal system. This research aims to analyze the translation  techniques  used  by  the  Indonesian  sworn  translators  in  translating  legal  texts  from English into Indonesian. This research uses descriptive qualitative method. Data obtained through content analysis on translations of the Indonesian sworn translators containing Certificate of Live Birth, Certificate of Marriage, Principles Statement of Terms and Conditions. The result of the research reveals: a) single translation technique dominates the translation technique in translating legal and law scientific texts from English into Indonesian obtains (66,67%) data consisting  of 10 variants (literal, amplification, recognized, reduction, borrowing, modulation, transposition, adaptation, colque, and description); b) couplet translation technique (32,%) data consisting of 16 variants (literal and borrowing, literal and recognized equivalent, literal and reduction, literal and adaptation, literal and amplification, literal and transposition, literal and modulation, literal and colque, borrowing and amplification, literal and description, borrowing and modulation, borrowing and adaptation, borrowing and transposition, modulation and colque, reduction and colque,  and reduction and adaptation), and triplet translation technique (1,19%) data consisting of 4 variants (literal + borrowing + modulation, literal + amplification + transposition, literal + amplification + borrowing, and literal + transposition + reduction). Researcher concludes that translation technique of legal texts from English into Indonesian conducted by Indonesian sworn translators contains three kinds of translation techniques, <em>i.e. </em>single translation technique, couplet translation technique, and triplet translation technique with 30 variants


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Pi-Chan Hu ◽  
Le Cheng

AbstractIn this research, we established a small scale corpus with abstracts in English and Chinese from the law reviews of Taiwan. We identified problems found in these abstracts and classified them into several categories. After analyzing the problems, we found that translators are faced with numerous problems when translating legal texts: the influence of ordinary language, lack of reliable reference tools, insufficiency of legal knowledge, deficiency in the target language or source language, and the peculiar characteristics of legal language. These problems simply render the task of translating even more intricate. Strategies will be proposed to enhance the ability of legal translators and to help them to overcome these obstacles.


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.


2015 ◽  
Vol 17 (3) ◽  
pp. 100-120 ◽  
Author(s):  
Johanna Pink

This paper deals with the traces of theological controversies in translations of the Qur'an into Bahasa Indonesia. It examines thirteen translations that have been published between the 1920s and the present time, discusses problems in the study of these sources, and analyses the exegetical choices made by the translators based on a number of case studies. These include Qur'anic verses that touch upon the issue of free will versus predestination, the relationship between God and Man, and the anthropomorphic attributes of God. The decisions that translators make have to take into account a number of factors such as discrepancies between the source language and the target language, the wish to remove ambiguities, or inconsistencies between the source text and external structures – for example, theological dogma or ḥadīths. The paper shows that the influence of various theological currents, from neo-Muʿtazili to Saudi-Wahhābi, can be identified through the analysis of Indonesian Qur'an translations. It furthermore comes to the conclusion that it might be analytically meaningful to distinguish, first, between Qur'an translations and Qur'an commentaries, and second, between translations with a predominantly non-Muslim readership and those with a predominantly Muslim readership.


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


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.


2021 ◽  
pp. 238-256
Author(s):  
Amal Arrame

Translation is not simple transpositions operations or transcoding processes from one language to another, it involves complex mental processes where linguistics alone cannot be sufficient. It is a communication situation between two languages, Arabic and French in this case, where the objective of the translator is the transmission of his final product in a clear way, respecting the meaning and the author intention of the original version. Translation of phrases is a real dilemma for translators; however, it turns out that it is a necessity in order to discover the other, and to try to keep the same effect as the source text by giving it a stylistic touch typical to the target language. To this end, we have carefully chosen the corpus that we have translated. A corpus that reflects the originality of the Arabic language and the possibility of reducing the linguistic, cultural and discursive gaps between Arabic and French through translation. The translation processes we have chosen, take into account the target language, French in this case, its idioms, phrases and proverbs inventory, its particularity and, finally, its ability to comprehend the idea contained in the idioms of the source language.


2017 ◽  
Vol 4 (4) ◽  
pp. 125
Author(s):  
Indra Grietēna

The paper reviews publications by Latvian linguists looking at the main translation problems within the context of the EU between 2005 and 2010. The author analyses the publications from three aspects: general aspects of translation problems and practices within the EU context, particular translation problems, and methodological publications providing guidelines for translators working within the EU context. The author reveals discussions on the ways translation influences language in general, the role of the source language for the development of the target language, and the role and responsibility of a translator at the ‘historical crossroads’. The article discusses a number of EU-specific translation problems, including source language interference, problems of the translator’s visibility and a translation’s transparency, ‘false friends’, and linguistic and contextual untranslatability. The author briefly summarizes the contents of guidelines and manuals for translators working within the EU context, highlighting the main differences between English and Latvian written language practices, literal (word-for-word) translation and the translator’s relationship with the source text. The publications selected and analysed have been published either in conference proceedings or in academic journals from the leading Latvian institutions in the field of translation: Ventspils University College, the University of Latvia, the State Language Commission of Latvia and Translation and Terminology Centre of Latvia.


Author(s):  
Andika Wijaya ◽  
Gloria Christine Setiyowati

Song lyric translation is important because in these recent decades people can access songs worldwide. The aim of this research is to gain an understanding of the difference between singable translations made by an Indonesian translator and a foreign translator by investigating what translation procedures and methods occur in two translated songs from Indonesian to English using qualitative descriptive method. The result of this research indicates that the singable translation made by a foreign translator is more identical to the source language (SL) compared to the one made by an Indonesian translator. However, despite the differences, the two translated songs share something in common, for instance the singability and the length of lyrics. Taking the findings into consideration, it could be said that the foreign translator is more faithful to the source text (ST), while the Indonesian translator emphasizes the target language (TL) more.


Sign in / Sign up

Export Citation Format

Share Document