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Translating Legal Texts

Legal translation is a specialized area that produces both linguistic and legal impacts. It involves translating various legal text types between jurisdictions with different legal concepts and terms. This poses challenges for translators, such as non-equivalent terms and concepts, technical legal meanings that differ from ordinary usage, and ambiguity open to multiple interpretations. Effective legal translation requires understanding both the source and target languages' laws and writing styles.

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Bartosz Jarmuż
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379 views

Translating Legal Texts

Legal translation is a specialized area that produces both linguistic and legal impacts. It involves translating various legal text types between jurisdictions with different legal concepts and terms. This poses challenges for translators, such as non-equivalent terms and concepts, technical legal meanings that differ from ordinary usage, and ambiguity open to multiple interpretations. Effective legal translation requires understanding both the source and target languages' laws and writing styles.

Uploaded by

Bartosz Jarmuż
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Translating legal texts a summary

The demand for legal translations grows rapidly in our increasingly globalized world. E.g. EU laws, which have to be translated and published in every member state There may be a conceptual difference between the legal terms in different cultures. Even the very term law may have slightly different connotations in various languages. Legal translation is a very specialized area of translational activity, because such translation produces not just linguistic, but also legal impact and consequence. Legal translation typology: 1. Domestic statutes and international treaties 2. Private legal documents 3. Legal scholarly works 4. Case law Purpose of the target language text: 1. Normative purpose TT is equally authentic it is not just a translation of law, but the law itself 2. Informative purpose in this case, only the ST is legally binding, while the TT has an informative function 3. General legal or judicial purpose mostly descriptive translations with an informative purpose the difference between 2. and 3. is that the latter may include ordinary texts that are not written in legal language Distinctive features of legal language: 1. Complex and unique vocabulary it is one of the most visible features of the legal language and the source of main difficulties for translators. Due to systemic differences, many words do not have ready equivalents in other language, which causes legal and linguistic complications. 2. Legal language is a normative language it is prescriptive, directive and imperative, because the law, because its aim is to direct and influence human behavior Terminological areas posing problems for legal translators: 1. Legal conceptual issues and equivalence of legal concepts in translation Is theft equivalent to kradzie? Property mienie/posiado/nieruchomo When translating terms, it is necessary to examine the concepts behind these terms and see whether they correspond 2. Legal terms bound to law and legal institutions Lawyer barrister, solicitor, attorney, advocate the responsibilities and qualifications of the types of lawyer vary even between the English-speaking countries; therefore it poses a particular difficulty during translation into other language. It is necessary to identify the jurisdictions of these words and then determine the correct equivalent. Court hierarchy and their jurisdiction is structured differently in different countries, therefore 100% equivalent terms in two languages 3. Legal language as technical language: ordinary meaning vs. legal; legal synonyms Many words used in legal texts have both ordinary meaning and technical (legal) meaning the task of the translator is to identify the legal meaning of the word and distinguish it from the ordinary meaning. Consideration price paid, not thinking, assignment transfer of rights (cesja), not task, duty There are synonyms in legal terminology which may resemble one another, yet differ in the legal aspect law, statute, act, regulation, rule, decree. A warranty has three meanings it may refer to any contractually binding undertaking, has a different

Compiled by Bartosz Jarmu, based on TRANSLATING LAW (Deborah Cao, 2007)

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meaning in sale of goods contracts, and may also denote the manufacturers obligation to repair defects of his products. Linguistic uncertainty; vagueness and ambiguity A sentence or a term is ambiguous if it is possible to interpret it in more than one reasonable way Linguistic vagueness and ambiguity of the terminology and syntax of legal texts often cause disputes over their interpretation. E.g. testator leaves his vessels to the legatee did he mean his tableware, his yachts or both? The police shot the rioters with guns who had guns? There was an interesting case Smith v United States, where the Supreme Court had to determine unambiguously the meaning of the word use with respect to firearms. A certain Mr. Smith made an offer to an undercover police officer to exchange his automatic rifle for cocaine. The dispute was whether he violated the provision that whoever during a drug trafficking crime uses a firearm shall be additionally sentenced to five years of imprisonment. This case is not a linguistic problem related with translation, but it shows that even ordinary everyday word may cause legal disputes. The legal translator Legal translators require both linguistic skills and understanding of law of SL and TL, as well as competence in TL-specific legal writing style.

Compiled by Bartosz Jarmu, based on TRANSLATING LAW (Deborah Cao, 2007)

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