scholarly journals Explicitation and Implicitation in Legal Translation – A Process Study of Trainee Translators

2010 ◽  
Vol 55 (2) ◽  
pp. 237-250 ◽  
Author(s):  
Mette Hjort-Pedersen ◽  
Dorrit Faber

This article explores the use of explicitation and implicitation in the context of legal translation. Legal texts are linguistically complex and difficult to understand for lay persons. From a cognitive point of view it may therefore be assumed that ex- and implicitations will be frequent phenomena in legal TTs, because translators will tend to leave traces of their hard-won understanding in the TT. On the other hand, legal translations have legal consequences in the real world. From a legal point of view it may therefore conversely be assumed that ex- and implicitations will be relatively rare phenomena in legal TTs because of the potential legal effect of adding or removing information. But how is this schism reflected in legal TTs performed by translators at different levels of expertise? This article examines phenomena of ex- and implicitations in trainee translator TTs. It is hypothesized that lack of sufficient knowledge of legal scenarios will override heavy mental processing efforts and that trainee translators will restrict themselves to choosing only obligatory ex- and implicitations as their safe bet.

1940 ◽  
Vol 34 (4) ◽  
pp. 638-660 ◽  
Author(s):  
Angelo Piero Sereni

I. In the field of international law every subject generally acts in person, through its own organs, without resorting to cooperation with other subjects. However, international practice shows that members of the community of nations sometimes act on behalf of other members, with the legal effect that the transactions performed by the acting subject in the name and for the account of the other have for the latter the same legal consequences as if it had acted in person. This happens, for example, when a state, duly authorized, concludes through its own organs a treaty for another state: the latter is thus bound by the treaty exactly in the same way as if it had concluded the treaty itself, through its own organs. This legal phenomenon implies a split between the immediately acting international person and the person to whom the legal effects of these acts are imputed.


Humanities ◽  
2019 ◽  
Vol 8 (1) ◽  
pp. 17
Author(s):  
Rocco De Leo

In today’s “liquid” society, boundaries and limits are shifting or disorienting: belonging to no place, not knowing where ‘home’ is, underlines the sense of uncertainty and in-betweenness experienced by people. This contribution suggests five spatial issues Greek-born Canadian author Smaro Kamboureli has to negotiate with in her ‘poetic diary’ in the second person, where she investigates the duality of the self, displaying the double “I” of the writer’s split subjectivity on a concrete (Greece) as well as abstract (language) place of living. Kamboureli’s account of a duel with and a paradoxical courting of what was and is now for her “the place of language” is related to the awareness of inhabiting a “third” zone of expectations: the difference of origin, of country, of point of view. In conclusion, the different levels of spatial negotiations Kamboureli has had to come to terms with have made her a completely different person. Her life on the border, epitomized in turn by airports, boats, Greece, and the Greek islands, is indeed an endless research of, as well as a conflict with, the ‘Other’, which opens up questions about the relativity of the space/place dichotomy.


1986 ◽  
Vol 9 (1) ◽  
pp. 83-96
Author(s):  
Marika Tandefelt

This paper attempts to combia a theoretical model of analysis with the empirical findings from a case study concerning shift. It seems that the process of language shift ought to be studied from an ecological point of view considering different levels of explanation. In the case of the Swedishpeaking minority in Finland, a description confined to the societal level would imply that the minority holds a secure position. On the other hand it is clear that certain subgroups within the minority shift to Finish. The results from a case study suggest that every miniority memeber occupies a key position in the process of language shift. Every attempt to save a language should therefore start with the bilingual individual.


2019 ◽  
Vol 5 (3) ◽  
pp. 134
Author(s):  
Ahmed Ibrahim Abed ◽  
Omar A. Shihab ◽  
Mushtaq A. Jameel

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.


2011 ◽  
Vol 9 (1) ◽  
pp. 31-50 ◽  
Author(s):  
Marta Chromá

The paper focuses on synonymy and polysemy in the language of law in English-speaking countries. The introductory part briefly outlines the process of legal translation and tackle the specificity of bijural translation. Then, traditional understanding of what a term is and its application to legal terminology is considered; three different levels of vocabulary used in legal texts are outlined and their relevance to bijural translation explained. Next, synonyms in the language of law are considered with respect to their intension and distribution, and examples are given to show that most expressions or phrases which are interchangeable synonyms in the general language should be treated carefully in legal translation. Finally, polysemes in legal terminology are discussed and examples given to illustrate problems potentially encountered by translators.


2020 ◽  
Vol 18 (2) ◽  
pp. 135-153
Author(s):  
Anastasiia Gubaidullina ◽  

The article focuses on Mikhail Yasnov’s poetry that is addressed to children of different ages, from younger preschoolers to older schoolchildren. Yasnov’s poetry is viewed as a corpus of texts united by several general principles: among them are the harmony of childhood and the child’s trust in the world. Another unifying principle is poetic dialogue, manifested at different levels of literary texts: from characters and imagery to metatextuality and the author’s consciousness. Dialogue in this paper is understood as overcoming a single point of view, an attempt to go beyond the personal I motivated by the attention to the Other. Yasnov’s poetry focuses on the search for similarities and differences between the phenomena of reality as it presents many voices and life positions. The concept of dialogue has great moral potential in children’s poetry as it contributes to the formation of empathy and development of self-knowledge in children. The aesthetic value of dialogue lays in the enrichment of the thematic and figurative structure of the lyrics.


Author(s):  
Panagiotis G. Krimpas

<p>Like translation in general, and even law itself, legal translation is an interdisciplinary field. Legal linguistics (jurilinguistics), comparative law, general law, terminology, text-linguistics and pragmatics, all have a share in legal translation. The latter is generally viewed as a sort of technical translation (Venuti 1995: 41) and legal language as a technical language (Cao 1997: 18). Those who argue for its special status often claim that legal translation is the antipode of technical translation (Bocquet 2000: 16). On the other hand, there are scholars who argue against this special status of legal translation, claiming there is nothing special about legal translation (Harvey 2002: 180). More moderate views are also found (Herbots 1987: 814). In such questions it takes no true/false answer. Rather, there are many sorts of legal translation. Of course, each view has different implications as far as the legal translator’s skills are concerned. Our discussion starts with a presentation of some key-views about legal translation, with particular emphasis on opposing ones. Then we present the main professional profiles of the legal translator in Greece and the relevant legislation. Who does translate legal texts? What skills do they have? How do they describe their profession and/or services in social media and/or professional websites? Who is the ideal legal translator for the several categories of clients? Which is the right kind of education and/or training for every sort of legal translator? Those are some of the questions that this article tries to give an answer to. After presenting the main functions of translated legal texts, the article closes with a comparison of legal translator’s professional profiles in Greece on the basis of those text functions.</p>


Author(s):  
Albert Piette

The article aims to be theoretical, and to consider the impact of the word "ontology" in anthropology. I will start from an observation of religious worship, in which at least humans, various objects and a divinity are present, as well as actions, movements, statements, perceptions and various thoughts. I shall then try to use the word "ontology" on at least two different levels: on the one hand, to describe entities, the presence of which must be assumed if the situation is to remain consistent, and on the other hand, to focus on what really exists, beyond what people do and say. Finally, I will explore the advantage of this "realist" point of view.


2021 ◽  
pp. 227-239
Author(s):  
Ingrida Egle Žindžiuviene

The aim of the article is to discuss the representation of discrimination and polarization of the American society after the events of 9/11 in Laila Halaby’s novel Once in a Promised Land (2007). The novel presents the point of view of “the Other” and focuses on the analysis of the antagonistic processes in the American society and their outcomes in the lives of ordinary citizens, accused of being “the Other.” The article examines the deterioration of beliefs and values and the “death” of the American Dream. Based on the fundamental theory of Trauma Studies, the article discusses the issues of personal and collective trauma and their representation in Laila Halaby’s novel. Collective traumas may unify or polarize the society–both aspects have had negative outcomes in the USA. Increased patriotism and solidarity were particularly prominent during the immediate aftermath of 9/11 and resulted in the discrimination and polarization of the society, the anger being directed at Muslim communities. The first days of the aftermath marked the start of antagonism on different levels: despite being US citizens, representatives of the Muslim communities experienced harsh reactions in their neighborhoods, jobs, social spheres, etc. For many of those “on the other side” these processes meant the end of their normal lives and dreams. The article examines both the informational and empathic approach used by the author of the novel to disclose irreparable processes that may happen in any society.


2005 ◽  
Vol 19 (3) ◽  
pp. 129-132 ◽  
Author(s):  
Reimer Kornmann

Summary: My comment is basically restricted to the situation in which less-able students find themselves and refers only to literature in German. From this point of view I am basically able to confirm Marsh's results. It must, however, be said that with less-able pupils the opposite effect can be found: Levels of self-esteem in these pupils are raised, at least temporarily, by separate instruction, academic performance however drops; combined instruction, on the other hand, leads to improved academic performance, while levels of self-esteem drop. Apparently, the positive self-image of less-able pupils who receive separate instruction does not bring about the potential enhancement of academic performance one might expect from high-ability pupils receiving separate instruction. To resolve the dilemma, it is proposed that individual progress in learning be accentuated, and that comparisons with others be dispensed with. This fosters a self-image that can in equal measure be realistic and optimistic.


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