scholarly journals Alcune considerazioni sull’ipotesi di Sapir-Whorf applicata alla traduzione dei termini costituzionali italiani e spagnoli nell’ ottica comparativo-contrastiva

2021 ◽  
Vol 1 ◽  
Author(s):  
Patrizia Brugnoli
Keyword(s):  
Legal Language ◽  
Spanish Translation ◽  
Legal Text ◽  
Legal Translation ◽  
Componential Analysis

The main aim of this article is to contribute to raising the interest around legal language, rarely analysed in the Italian-Spanish translation perspec¬tive. In particular, the author ’s interest is concentrated on specific normative texts, the Italian and Spanish Constitutions, of which she takes some lexical features into account. The article shows, through the use of componential analysis, that the “translatability” of the above mentioned traits of legal text from one language to another is impossible, even for those languages which are considered “similar” like Spanish and Italian. In Linguistics this hypoth¬esis was supported by Sapir- Whorf and is particularly true if applied to the legal language. In fact, legal translation is “culture-bond” and it is inti¬mately related to the socio-economic structures which are peculiar to a country.

Legal metaphors in translation

2015 ◽  
Vol 2 (2) ◽  
pp. 330-348 ◽  
Author(s):  
Laura Vegara Fabregat
Keyword(s):  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Interesting Aspect ◽  
Legal Language ◽  
Spanish Translation ◽  
Legal Concept ◽  
Translation Strategies ◽  
Legal Translation ◽  
Legal Texts

There is wide literature on metaphor and legal language (e.g., Henly 1987; Twardzisz 2008, amongst many others). Certainly, metaphor is a part of legal language (Alcaraz and Hughes 2002: 43), but not just an ornamental part. Metaphors may play a very important role in legal texts, a cognitive role. They can convey intricate legal notions and may also communicate certain opinions and perspectives (Dickerson 1996: 374; Joo 2002: 23). Another interesting aspect connected with metaphors in the language of law is translation. We must bear in mind that legal translation has its own special difficulties, such as complex terminology and usually two very dissimilar legal systems as background (Soriano 2002: 53; Gémar 2002: 167). Metaphorical expressions constitute an additional hindrance for legal translators since they transfer a metaphorical image together with a legal concept. In the present study we aim at analysing some metaphorical expressions found in the United States Supreme Court opinions and their translation. We will focus on the scrutiny of some English–Spanish translation strategies in order to comment on the solutions adopted. Our hope is to shed some light on the field of legal translation regarding metaphors.

scholarly journals صعوبات الترجمة المصطلحات القانونية "من العربية إلى الأنجليزية إنموذجاً"

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 01-14
Author(s):  
Lubna Farah
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Functional Equivalence ◽  
Legal Systems ◽  
Legal Language ◽  
Legal Text ◽  
Legal Translation ◽  
Functional Equivalent ◽  
Research Questions ◽  
Translation Errors

The research paper addresses the challenges involved in the translation of English to Arabic legal terminology. Since legal systems differ in terms of procedures and norms, languages belonging to these systems also vary in their choice of words and concepts which pose serious problems for the translators. Islamic and English laws are distinctive in their terminologies. The translators often face serious challenges in rendering texts from Islamic to English legal systems. The legal translation is considered the most difficult type of translation primarily for its specialized terms of Islamic Sharia. This paper will argue on the functional equivalence of English and Islamic law terminologies. The research has used a descriptive and analytical approach to find the problems of legal translation by the following research questions: 1. What kind of difficulties do the legal translators face during translation? 2. Are the legal translation errors considered fatal? The findings of the study reveal that lack of experience in target cultures, lack of knowledge of both languages' structures, and lack of reference for the specialized terms cause challenges for the translators. The findings also suggest that training in the field of translation is mandatory to overcome the above-mentioned challenges, the legal text translators should seek to find a functional equivalent in the target legal language.

scholarly journals On Legal English Translation from the Perspective of Legal Linguistics

2019 ◽  
Vol 2 (3) ◽  
pp. 6
Author(s):  
Weifeng Hu
Keyword(s):  
English Translation ◽  
Transnational Corporations ◽  
International Exchange ◽  
Legal Language ◽  
Translation Process ◽  
Legal Translation ◽  
Rights And Interests ◽  
Transnational Trade

With the deepening trend of globalization and the development of economy and society, the demand for international exchange talents is increasing. Especially with the increasing number of transnational corporations, almost every company should have professional legal translation employees to guarantee their legitimacy of transnational trade and effectively prevent the infringement of related rights and interests. Therefore, to improve the quality in transnational translation business and optimize legal English translation skills from the perspective of legal language can not only offer a reference for the industry, but also provide evidence for the problems arising from the actual legal translation process. Based on the perspective of legal linguistics, this paper tries to puts forward appropriate legal English translation measures mainly by analyzing the skills of legal English translation, with a view to providing some references for relevant scholars.

Sophisticated Textualism and Sanctions

2020 ◽  
Vol 82 ◽  
pp. 343-357
Author(s):  
Tomasz Zyglewicz
Keyword(s):  
Legal Language ◽  
Possible World ◽  
Legal Text

In this paper I present a difficulty for Matczak’s sophisticated textualism. I argue that, due to his claims about the descriptive character of legal language and the unity of the possible world postulated by the legal text, his theory cannot successfully account for norms that express factors that an authority should take into account when determining the measure of sanction. I reject two replies to this objection that do not require a modification of Matczak’s account. The upshot of my argument is that in order to accommodate norms pertaining to sanctions, Matczak should drop the assumption of unity of the possible world described by the legal text.

scholarly journals Grupa nominalna w ustawach . System wewnątrztekstowych-odniesień

2016 ◽  
pp. 95-104 ◽  
Author(s):  
Romana Łapa
Keyword(s):  
Legal Language ◽  
Specific Nature ◽  
Legal Text ◽  
Initial Location ◽  
Legal Texts ◽  
Two Component ◽  
Event Driven ◽  
Nominal Groups ◽  
Polish Language

This paper deals with a group of contemporary legal texts which have the form of statutes. The author describes the anaphoric relation between nominal groups (NG) constituted by an event-driven element and sentences which are linearly prior to these groups, the so-called antecedents. The analysis, founded on principles of syntax with a semantic basis, provides observations about restrictions in the formalisation of elements of the semantic base whose elements can be connected with the use of NG. The disclosure of elements of the content plan, excluding exceptions, entails a condensation which causes that categorical meanings that are the most intensely governed and communicatively relevant are fulfilled on the surface. The inability to reproduce the meaning of the “grammatical agent” causes that NG with a constitutive event-driven element are an indication of the depersonalisation attributed to legal texts. The repeatability of NG, mainly one- and two-component phrases, as well as their initial location in an utterance are factors depicting another feature of statutes: syntactic schematism. The author also demonstrates that the system of intratextual references is not the same in various variants of the Polish language. In the statute, as a genre of the legal language, its specific nature is already noticeable within one of the systematising units of the legal text, i.e. the article. The specific nature of the examined relation is conditioned by (1) the proper arrangement of structures connected with a network of references, and (2) the manner of their denotation. These features are the results of adherence to the editorial principles of legal texts.

scholarly journals Cognitive Stylistic Conceptualization of Legal Translation

2022 ◽  
Vol 3 (33) ◽  
pp. 86-102
Author(s):  
Hasan Said Ghazala ◽  
Keyword(s):  
The Other ◽  
Legal Language ◽  
Strong Link ◽  
Legal Translation ◽  
Other Hand ◽  
Cognitive Approaches ◽  
Arabic And English ◽  
Relationship Of ◽  
The Relationship

Among the newly developed ideas in the relationship of translation to style is the strong link between translation and cognitive stylistics. The result of this link is the introduction of cognitive conceptualization to translation as one way of comprehending and rendering meaning of the SL into the TL. On the other hand, it can help solve some problems of legal translation based on cognitive cultural conceptualization of legal terms and expressions. This paper is an attempt to introduce new clues for sorting out a number of legal terminology in the light of latest cognitive approaches to the conceptualization of style which can be applied to legal language in the translation between the two languages, Arabic and English. This is achieved through introducing cognitive stylistic approaches to the conceptualization of the style of legal language in translation and how untrodden ways of legal meanings and implications can be traced and unearthed in the process. The paper ends up with some conclusions about suggesting way-out solutions to several problems of legal translation between the two languages concerned, to be put in use later by legal translators.

scholarly journals The Translation of Judgments

2006 ◽  
Vol 51 (3) ◽  
pp. 551-569 ◽  
Author(s):  
Emily Poon Wai-Yee
Keyword(s):  
Pilot Project ◽  
Case Law ◽  
Legal Knowledge ◽  
Plain Language ◽  
Legal Language ◽  
Front Line ◽  
Legal Translation ◽  
Syntactic Differences

Abstract This paper advocates the adoption of a plain language approach in the translation of judgments. The front-line objective is to gradually develop among legal practitioners the consciousness of using Chinese as a legal language, whether it is for judgment writing or for use as the trial language. While the pilot project on the translation of case law launched by the Subcommittee on the Translation of Case Precedents was a good attempt to boost the translation incentive, it exposed a number of problems in legal translation as yet unsolved. This paper explores potential solutions to these problems, including studying the syntactic differences between English and Chinese, the employment of common Chinese usages, and the application of legal knowledge, among others. This paper argues that legal bilingualism in courts will not be fully achieved if the problems of writing or understanding judgments persist.

scholarly journals Legal Language – Pragmatic Approaches to Its Interconnectivity with Legal Interpretation and Legal Translation1

2016 ◽  
Vol 61 (2) ◽  
pp. 421-438
Author(s):  
Ingrid Simonnaes
Keyword(s):  
Target Language ◽  
Legal Interpretation ◽  
Legal Language ◽  
Pragmatic Approach ◽  
Domain Specific ◽  
Lay Persons ◽  
Legal Translation ◽  
Specialist Knowledge ◽  
Communicative Act ◽  
High Degree

The purpose of this paper is to enhance existing insights into the complex relationship between legal language, legal interpretation and legal translation that challenges the participants of a particular domain-specific communicative situation. This situation can be described as a complex communicative-cognitive procedure taking into consideration a pragmatic approach to reach its addressees on a continuum from lay persons to experts. The analysis of some “typical” examples shows (not surprisingly) that different kinds of knowledge are necessary in order to achieve a felicitous communicative act in which a high degree of specialist knowledge is of paramount importance to a successful result both in intra- and interlingual translation. The particular legal language under scrutiny, in other words German contrastive to Norwegian, form the basis for the analysis of the activity of translation in which the translator must be able to understand/interpret the text and must be aware of not taking the words at their “face value” to be able to render their meaning in the target language.

scholarly journals Translation Strategies in Legal Texts: Selected Articles of the Translation of the US-Iraqi Security Agreement

2019 ◽  
Vol 5 (3) ◽  
pp. 134
Author(s):  
Ahmed Ibrahim Abed ◽  
Omar A. Shihab ◽  
Mushtaq A. Jameel
Keyword(s):  
International Law ◽  
Linguistic Theory ◽  
The Other ◽  
Legal Language ◽  
Translation Strategies ◽  
Text Segment ◽  
Legal Translation ◽  
The Us ◽  
Legal Texts

Legal language is characterized as the professional use of words. Thus, it can be said that the international law (as a result of translation and interpretation as well) has become more crucial. Therefore, legal translation has become important among the other domains of translation. This study aims at investigating the translation strategies adopted in translating the US- Iraqi security agreement from English into Arabic. So, there is a set of translation strategies that help translating the two texts properly and accurately. The translation strategies followed in translating the US- Iraqi security agreement will be investigated in the two of the two English and Arabic texts as there are many strategies in the linguistic theory of translation. Dr. As. Safi in his model covers both the local strategies which belonging to text segment and global ones that have to do with the whole text. Translation strategies are divided into general ones which deal with all types texts and specific strategies that deal with specific kinds of texts; specific ones are divided into domestication, compensation, (in kind, in place, by merging, or splitting and compensation by addition) , addition, elaboration and explication, and approximation and compromise. Thus, the text under study is a legal one and, of course, has a specific type of text; only specific strategies are applied in this study.

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