scholarly journals Legal Language and The Legal Translator

2015 ◽  
Vol 5 (9) ◽  
pp. 113
Author(s):  
Hanne Grøn
Keyword(s):  
Legal System ◽  
Linguistic Knowledge ◽  
Legal Systems ◽  
Legal Language ◽  
Legal Translation ◽  
Legal Texts ◽  
The Difference ◽  
Set Up ◽  
Substantive Law ◽  
Conceptual Meaning

It is impossible to set up standards of translation performance and equivalence which will apply to any legal translation because the "languages of law" are as varied as the cases that reach the courts every day. Moreover, the translation of legal texts is often complicated by the lack of exact lexical equivalents in the TL's own legal system so that a transfer involves a high amount of "creative production". Obviously this production should be based on a profound extra-linguistic knowledge of both legal systems involved to avoid the pitfalls which the difference in conceptual meaning necessarily entails. Thus research into the TL's substantive law must be the first requirement in any legal translation context.

scholarly journals Translating English Legal Lexical Features into Arabic: Challenges and Possibilities

2018 ◽  
Author(s):  
AWEJ for Translation & Literary Studies ◽  
Mahmoud Altarabin
Keyword(s):  
Legal System ◽  
Arab Countries ◽  
Connotative Meaning ◽  
Legal Translation ◽  
Legal Texts ◽  
English Speaking ◽  
The Difference ◽  
The One ◽  
The Impact ◽  
Contextual Meaning

The challenges of legal translation between English and Arabic are not sufficiently investigated despite the impact such challenges can have on the translation product. There is a huge volume of translation between English and Arabic for legal texts such as contracts of various types, wills, articles of association, lawsuits, to name but a few. Notwithstanding the pitfalls of translation between English and Arabic in general, translating legal texts poses certain challenges of critical implications. Such challenges can be attributed to the difference in the structure of the legal texts, types of legal texts, and, most importantly, the difference in the legal system between the Arab countries on the one hand and the English-speaking countries on the other. The present paper aims to discuss the lack of uniformity in legal translation, differences within the same legal system and the translator’s lack of familiarity with legal terms. It also aims to highlight certain challenges such as the contextual meaning and connotative meaning.

The Sources of Law[121]

2019 ◽  
pp. 89-126
Author(s):  
Alf Ross
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
Legal Positivism ◽  
Cultural Tradition ◽  
Legal Systems ◽  
Legal Rules ◽  
The Difference ◽  
Realist Perspective

This chapter identifies the ideology of the sources of law in the sense of determining the general sources through which judges form their beliefs about the validity of individual legal rules. In accordance with the norm-descriptive perspective, the focus is on identifying the ideology of the sources of law that is actually held by judges. As part of scientifically valid law, the ideology of the sources of law varies from one legal system to another. The task for general legal theory can therefore only consist in stating and characterizing certain general types of sources of law, which experience tells us are found in all well-developed legal systems where they are found to determine how courts proceed in their search for the norms on which they base their decision. This chapter identifies four such sources of law and considers the degree of objectification or positivization possessed by each of these types of sources. Specifically, it discusses the completely objectivized type of source: authoritative formulations (legislation in its widest sense); and the partially objectivized types of source: precedent and custom; and the non-objectivized, ‘free’ type of source: ‘cultural tradition’ or ‘the nature of the matter’. Countenancing the latter as a scientifically valid source of law, is further argued to highlight the difference between the author’s legal realist perspective and the formalist perspective characteristic of legal positivism.

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.

No creativity in legal translation?

Babel ◽  
2008 ◽  
Vol 54 (4) ◽  
pp. 355-368 ◽  
Author(s):  
Sieglinde E. Pommer
Keyword(s):  
Legal Systems ◽  
Creative Activity ◽  
Complex Problems ◽  
Legal Translation ◽  
Legal Texts ◽  
The Law

Whereas translating is generally considered to be a creative activity, mentioning this in the context of legal translation is, rather paradoxically, widely frowned upon despite the fact that the ­incongruency of legal systems makes finding exact equivalents particularly difficult in legal texts. Convinced that in fact translating the law requires taking insightful judgments, detecting interesting alternatives, coming up with novel ways to communicate ideas, and finding useful ­solutions to complex problems, the author examines the dynamic concept of creativity and redefines its meaning with regard to legal translation.

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.

scholarly journals LE PRÉAMBULE DE LA CONSTITUTION COMME UN EXEMPLE D'UN TEXTE DE DROIT

2017 ◽  
Vol 30 ◽  
pp. 51-66
Author(s):  
Piotr PIEPRZYCA
Keyword(s):  
Legal System ◽  
The Other ◽  
European Countries ◽  
Legal Language ◽  
Legal Text ◽  
Form And Function ◽  
Legal Texts ◽  
History Of ◽  
Almost All ◽  
And Function

Preamble to the Constitution is a special type of legal text, which differs significantly from the other legislative texts, both in terms of vocabulary, syntax and semantics. This paper aims to make the characteristics of the legal language of the preamble to the Constitution – its content, form and function it plays in the legal system. The linguistic corpus is composed of over twenty preambles to constitutions of European countries. The results show that, despite some differences between the preambles of individual European countries, there are many features in common – almost all mention the values and principles, considered as fundamental to the nation, such as independence, freedom or democracy. Some preambles also refer to the history of the country or religion and to the person of God – both indirectly and directly. Despite the fact that the preamble in terms of language is not like other legal texts, it has the characteristics of a normative act.

scholarly journals ZUR VERSTÄNDLICHKEIT VON ÜBERSETZUNGEN DEUTSCHER UND POLNISCHER GERICHTSBENENNUNGEN

2019 ◽  
Vol 34 ◽  
pp. 65-84
Author(s):  
Paweł BIELAWSKI
Keyword(s):  
Comparative Law ◽  
Legal Systems ◽  
Legal Translation ◽  
Legal Literature ◽  
Legal Texts ◽  
Translation Techniques ◽  
Legal Communication

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.

scholarly journals The Dubious Quality of Legal Dictionaries

2006 ◽  
Vol 34 (1) ◽  
pp. 65-86 ◽  
Author(s):  
Gerard-René de Groot ◽  
Conrad J.P. van Laer
Keyword(s):  
Legal System ◽  
Target Language ◽  
Linguistic Context ◽  
Legal Language ◽  
Legal Information ◽  
Legal Documents ◽  
Legal Translation

As a consequence of the still increasing transnational commercial and scholarly cooperation and exchange, more and more often legal information has to be translated. Sometimes the content of legal documents (contracts, statutory provisions, books and articles on legal topics and so on) has to be translated into another language. But even more frequently, information on rules from one legal system has to be provided in the legal language of another legal system. In both cases the translator or the lawyer involved is confronted with difficulties of legal translation. In both cases bilingual legal dictionaries could play an important role in the translating process by providing translation suggestions and information on the linguistic context of terms in the target language, such as specific noun-verb combinations, or typical collocations.

Conceptualizing cultural discrepancies in legal translation: A case-based study

Semiotica ◽  
2017 ◽  
Vol 2017 (216) ◽  
pp. 131-149
Author(s):  
Le Cheng ◽  
Mingyu Gong ◽  
Jian Li
Keyword(s):  
Cultural Differences ◽  
Legal System ◽  
Systems Of Systems ◽  
Cultural Aspects ◽  
Legal Translation ◽  
Legal Texts ◽  
Different Cultures ◽  
Case Based

AbstractBy exploring the cultural discrepancies in Chinese legal texts and their English versions and to what extent legal and cultural discrepancies influence and constrain legal translation, the study argues that it is useful to consider cultural discrepancies within a semiotic framework. Language is a phenomenon and factor that links different cultures; the use of language is crucial to any legal system. Law, as a cultural product, is attended by cultural discrepancies when switched into other languages for the purpose of achieving equivalence. After a brief overview of cultural differences in translation, legal translation in particular, the study is set to examine the role of translation in crossing through different legal cultures and backgrounds and investigate barriers in the process of translation. Investigating cultural discrepancies in legal translation within a semiotic framework allows us to focus on certain interpretations by acknowledging that legal texts are composed with systems of systems and interacting with other cultural aspects in a wider context.

A study of legal translation from the perspective of error analysis

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Pi-Chan Hu ◽  
Le Cheng
Keyword(s):  
Error Analysis ◽  
Ordinary Language ◽  
Target Language ◽  
Small Scale ◽  
Legal Knowledge ◽  
Legal Language ◽  
Source Language ◽  
Legal Translation ◽  
Legal Texts ◽  
Reference Tools

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.

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