Legal translation
Encyclopedia
Legal translation is the translation
of texts within the field of law
. As law is a culture-dependent subject field, legal translation is not a simple task.
Only professional translators specialising in legal translation should translate legal document
s and scholarly writings. The mistranslation of a passage in a contract
, for example, could lead to lawsuit
s and loss of money.
When translating a text within the field of law, the translator should keep the following in mind. The legal system of the source text (ST) is structured in a way that suits that culture and this is reflected in the legal language; similarly, the target text (TT) is to be read by someone who is familiar with the other legal system (corresponding to the jurisdiction for which TT is prepared) and its language. Most forms of legal writing, and contracts in particular, seek to establish clearly defined rights and duties for certain individuals. It is essential to ensure precise correspondence of these rights and duties in the source text and in the translation. Legal translation may also involve, Certificates of Accuracy, Witness Statements1, Depositions
, Trusts, Wills, Articles of Incorporation
, Litigation Documents, Immigration Documents, Property/Exhibit Labels and in some cases attendance in court by the translator(s).
Apart from terminological lacuna
e, or lexical gaps, the translator may focus on the following aspects. Textual conventions in the source language are often culture-dependent and may not correspond to conventions in the target culture. 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 (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. 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.
Note that different approaches to Translation
should not be confused with different approaches to Translation theory. The former are the standards utilized by translators in their trade while the latter are just different paradigms used in developing Translation theory.
There is a confusion between the names of some of the translation standards used in legal practice.
Not many lawyers and judges are familiar with the terminology used in Translation theory, and they often ask court interpreters and translators to provide verbatim
translation. They often view this term as a clear standard of quality that they desire in TT. However, usually it does not mean to provide verbatim translation in the meaning of the standard described in Translation theory with which they are not familiar. Their use of this term is based on a layperson's misconception that an accurate translation is achieved simply when "the correct" words of the target language are substituted for the corresponding words of ST. In reality, they just want to have a faithful and fluent translation of ST having no doubt that a good translator will provide it. They do not realize that word-by-word translations could sound as complete nonsense in the target language, and usually have no idea of different professional translation standards.
Many translators would probably choose to adhere to the standard that they themselves find more appropriate in a given situation based on their experience rather than to attempt to educate the court personnel.
Translators of legal texts often consult law dictionaries
, especially bilingual law dictionaries. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation.
Translation
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. Whereas interpreting undoubtedly antedates writing, translation began only after the appearance of written literature; there exist partial translations of the Sumerian Epic of...
of texts within the field of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. As law is a culture-dependent subject field, legal translation is not a simple task.
Only professional translators specialising in legal translation should translate legal document
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
s and scholarly writings. The mistranslation of a passage in a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, for example, could lead to lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s and loss of money.
When translating a text within the field of law, the translator should keep the following in mind. The legal system of the source text (ST) is structured in a way that suits that culture and this is reflected in the legal language; similarly, the target text (TT) is to be read by someone who is familiar with the other legal system (corresponding to the jurisdiction for which TT is prepared) and its language. Most forms of legal writing, and contracts in particular, seek to establish clearly defined rights and duties for certain individuals. It is essential to ensure precise correspondence of these rights and duties in the source text and in the translation. Legal translation may also involve, Certificates of Accuracy, Witness Statements1, Depositions
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
, Trusts, Wills, Articles of Incorporation
Articles of Incorporation
The Articles of Incorporation are the primary rules governing the management of a corporation in the United States and Canada, and are filed with a state or other regulatory agency.An equivalent term for LLCs in the United States is the Articles of Organization...
, Litigation Documents, Immigration Documents, Property/Exhibit Labels and in some cases attendance in court by the translator(s).
Apart from terminological lacuna
Lexical gap
A lexical gap or lacuna is an absence of a word in a particular language. Types of lexical gaps include untranslatability and missing inflections.-Untranslatability:...
e, or lexical gaps, the translator may focus on the following aspects. Textual conventions in the source language are often culture-dependent and may not correspond to conventions in the target culture. 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 (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. 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.
Note that different approaches to Translation
Translation
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. Whereas interpreting undoubtedly antedates writing, translation began only after the appearance of written literature; there exist partial translations of the Sumerian Epic of...
should not be confused with different approaches to Translation theory. The former are the standards utilized by translators in their trade while the latter are just different paradigms used in developing Translation theory.
There is a confusion between the names of some of the translation standards used in legal practice.
Not many lawyers and judges are familiar with the terminology used in Translation theory, and they often ask court interpreters and translators to provide verbatim
Verbatim
Verbatim may refer to:*Verbatim Latin - the term "Verbatim" means, in a UK legal context: "word by word, exactly"*Verbatim Corporation, a US company that markets storage media and flash memory*Verbatim , a magazine edited by Erin McKean...
translation. They often view this term as a clear standard of quality that they desire in TT. However, usually it does not mean to provide verbatim translation in the meaning of the standard described in Translation theory with which they are not familiar. Their use of this term is based on a layperson's misconception that an accurate translation is achieved simply when "the correct" words of the target language are substituted for the corresponding words of ST. In reality, they just want to have a faithful and fluent translation of ST having no doubt that a good translator will provide it. They do not realize that word-by-word translations could sound as complete nonsense in the target language, and usually have no idea of different professional translation standards.
Many translators would probably choose to adhere to the standard that they themselves find more appropriate in a given situation based on their experience rather than to attempt to educate the court personnel.
Translators of legal texts often consult law dictionaries
Law dictionary
A law dictionary is a dictionary that is designed and compiled to give information about terms used in the field of law.Nielsen 1994 discusses different types of law dictionaries. A distinction is made between different types of law dictionaries. A monolingual law dictionary covers one language, a...
, especially bilingual law dictionaries. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation.
See also
- Translating "law" to other European languages
- Translating for legal equivalenceTranslating for legal equivalenceTranslating for legal equivalence is the production of translations that are acceptable by a legal jurisdiction.-Legal requirements:For legal and official purposes, evidentiary documents and other official documentation are usually required in the official language of a jurisdiction.In some...