![Complexity-legal-translation](https://upload.wikimedia.org/wikipedia/commons/f/fd/Complexity-legal-translation.jpg)
Legal translation is the
translation
Translation is the communication of the Meaning (linguistic), meaning of a #Source and target languages, source-language text by means of an Dynamic and formal equivalence, equivalent #Source and target languages, target-language text. The ...
of language used in legal settings and for legal purposes. Legal translation may also imply that it is a specific type of translation only used in
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, which is not always the case. As law is a culture-dependent subject field, legal translation is not necessarily
linguistically transparent. Intransparency in translation can be avoided somewhat by use of Latin legal terminology, where possible, but in non-western languages debates are centered on the origins and precedents of specific terms, such as in the use of particular Chinese characters in Japanese legal discussions.
Intransparency can lead to expensive misunderstandings in terms of a
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
, for example, resulting in avoidable
lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s. Legal translation is thus usually done by specialized law translators. Conflicts over the legal impact of a translation can be avoided by indicating that the text is "authentic" i.e. legally operative on its own terms or instead is merely a "convenience translation", which itself is not legally operative. Courts only apply authentic texts and do not rely on "convenience" translations in adjudicating rights and duties of litigants.
Source text and target text
Most legal writing is exact and technical, seeking to precisely define legally binding rights and duties. Thus, precise correspondence of these rights and duties in the
source text
A source text is a text (sometimes oral) from which information or ideas are derived. In translation, a source text is the original text that is to be translated into another language.
Description
In historiography, distinctions are commonly m ...
and in the translation is essential. As well as understanding and precisely translating the legal rights and duties established in the translated text, legal translators must also bear in mind the legal system of the
source text
A source text is a text (sometimes oral) from which information or ideas are derived. In translation, a source text is the original text that is to be translated into another language.
Description
In historiography, distinctions are commonly m ...
(ST) and the legal system of the
target text
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. The English language draws a terminological distinction (which does not exist in every language) between ''transl ...
(TT) which may differ greatly from each other.
This is a challenge because it requires that the translator have substantial legal knowledge as well as the multiple legal systems that can exist in one language.
Examples of different legal systems include Anglo-American common law, Islamic law, or customary tribal law for examples.
Apart from terminological
lacuna
Lacuna (plural lacunas or lacunae) may refer to:
Related to the meaning "gap"
* Lacuna (manuscripts), a gap in a manuscript, inscription, text, painting, or musical work
** Great Lacuna, a lacuna of eight leaves where there was heroic Old Norse p ...
e (lexical gaps), textual conventions in the source language are often culture-dependent and may not correspond to conventions in the target culture (see e.g. Nielsen 2010). Linguistic structures that are often found in the source language may have no direct equivalent structures in the target language. The translator therefore has to be guided by certain standards of linguistic, social and cultural equivalence between the language used in the
source text
A source text is a text (sometimes oral) from which information or ideas are derived. In translation, a source text is the original text that is to be translated into another language.
Description
In historiography, distinctions are commonly m ...
(ST) to produce a text (TT) in the target language. Those standards correspond to a variety of different principles defined as different approaches to translation in
translation theory
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. The English language draws a terminological distinction (which does not exist in every language) between ''transla ...
. Each of the standards sets a certain priority among the elements of ST to be preserved in TT. For example, following the functional approach, translators try to find target language structures with the same functions as those in the source language thus value the functionality of a text fragment in ST more than, say, the meanings of specific words in ST and the order in which they appear there.
Translation issues
The usage of transcription in the context of linguistic discussions has been controversial. Typically, two kinds of linguistic records are considered to be scientifically relevant. First, linguistic records of general acoustic features, and secondly, records that only focuses on the distinctive phonemes of a language. While transcriptions are not entirely illegitimate, transcriptions without enough detailed commentary regarding any linguistic features used has a great chance of the content being misinterpreted. An example that highlights this complication with transcription is displaying dialect in writing. The fundamental problem with this situation is that the transcribed product is not simply a spoken language in its written form, but a language the transcriber is responsible for writing down and a language that has been transcribed by someone other than the speaker, no matter the level of understanding the transcriber has for the spoken language. It is important to note that any transcription is an interpretation of the speech no matter how detailed it is, and will be selective in what it includes or leave out.
Because of this reason, it is important to strategically choose the form of transcription in order to properly represent the spoken language in a written form.
Different approaches to translation should not be confused with different approaches to
translation theory
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. The English language draws a terminological distinction (which does not exist in every language) between ''transla ...
. The former are the standards used by translators in their trade while the latter are just different
paradigms
In science and philosophy, a paradigm () is a distinct set of concepts or thought patterns, including theories, research methods, postulates, and standards for what constitute legitimate contributions to a field.
Etymology
''Paradigm'' comes f ...
used in developing translation theory. Few jurists are familiar with terms of translation theory. They may ask
interpreters
Interpreting is a translational activity in which one produces a first and final target-language output on the basis of a one-time exposure to an expression in a source language.
The most common two modes of interpreting are simultaneous interp ...
and
translators
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. The English language draws a terminological distinction (which does not exist in every language) between ''transla ...
to provide
verbatim
Verbatim means word for word.
Verbatim may also refer to:
* Verbatim (brand), a brand of storage media and flash memory
* Verbatim (horse), an American racehorse
* ''Verbatim'' (magazine), edited by Erin McKean
* Verbatim theatre
Documentary th ...
translation. They often view this term as a clear standard of quality that they desire in TT. However, verbatim translation usually is undesirable due to different grammar structures as well as different legal terms or rules in different legal systems. When it comes to translating, it can be difficult to find the correct words to translate the same information given because not all words that are translated can have the same meaning. There are many cultures around the world that the legal translation has to be exact. It is important that Legal Translators be able to interpret one word from a given language to another while still being able to maintain the same impact and meaning of the legal word.
Bilingual law dictionaries
Legal translators often consult specialized bilingual or polyglot
law dictionaries
A law dictionary (also known as legal dictionary) is a dictionary that is designed and compiled to give information about terms used in the field of law.
Types
Distinctions are made among various types of law dictionaries.
Differentiating facto ...
. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation. Bilingual legal dictionaries tend to largely be a source of reference for interpretation, rather than a source of literal equivalent translations of legal terminology. Translating legal text from one language to another becomes a challenge for legal experts because there is a level of freedom to translating texts that retain meaning and not necessarily maintaining equivalent semantic structure. There is also a debate between experts to either restrict the legal language to the target text for professional use or to broaden legal language for the use and comprehension of the public, specifically in societies with bilingual law system.
See also
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Skopos theory
Skopos theory (German: ''Skopostheorie''), a theory in the field of translation studies, employs the prime principle of a purposeful action that determines a translation strategy. The intentionality of a translational action stated in a translati ...
*
Translating "law" to other European languages
The translation of "law" to other European languages faces several difficulties. In most European languages, as well as some others influenced by European languages, there are two different words that can be translated to English as "law". For the ...
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Translating for legal equivalence
A certified translation is one which fulfills the requirements in the country in question, enabling it to be used in formal procedures, with the translator accepting responsibility for its accuracy. These requirements vary widely from country to ...
References
Relevant literature
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{{DEFAULTSORT:Legal Translation
Translation
Translation
Translation is the communication of the Meaning (linguistic), meaning of a #Source and target languages, source-language text by means of an Dynamic and formal equivalence, equivalent #Source and target languages, target-language text. The ...
Translation
Translation is the communication of the Meaning (linguistic), meaning of a #Source and target languages, source-language text by means of an Dynamic and formal equivalence, equivalent #Source and target languages, target-language text. The ...