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Legal writing features (Translator Training in the 21st Century (What is…
Legal writing features
English contract translation.
Has its own language features which are remarkably reflected in vocabulary from the angle of linguistics.
Formal Words
In order to demonstrate its authority, its language should be formal, precise and clearly and regulates directly the meaning and scope of rights, obligations, and codes of the conduct
First Letter to be Capitalized.
Are often capitalized in order to draw attention and decrease the possibilities of disputes, usually are used in:
1. Like parties to the contract.
2. Organizations involved.
3. International conventions.
4. Laws and regulations.
5. Documents and monetary names in the contract.
Technical Terms
Accurate description of the trading process, contribute to the formality of the legal text.
Are divided in two categories:
Common words with special meaning in the legal sense
The specialized vocabulary employed only in legal English
Archaic Words.
Archaic words are those that are not commonly used in modern English, as they are very formal old expressions, however they are widely used in contract texts in English today.
Borrowed Words
Are words that are borrowed from a different language, which does not have a literal translation into the target language.
Modal Verbs
Modal verbs are important in English texts because they express the obligations and responsibilities that must be fulfilled.
Syntactic Features
Uses a special kind of legal English, it is rigid and formal, can also find manifestation in syntax: long and declarative sentences.
Long Sentences.
In English, long sentences are used to express complex ideas with rigidity and logic, which could help to be more precise with relevant points in the text.
Declarative Sentence.
The Contract is a legal document agreed after several
rounds of negotiations
English contract
Is like a legal instrument is well organized and neatly structured. Unlike other varieties of English, it presents some striking and unique features in lexis and syntax.
The Legal Translator’s Approach to Texts
Translation as the act of social mediation of messages is thus a core object of humanistic investigations.
Important Concepts of Translational Hermeneutics
Hermeneutics is characterized by a concept of scholarship different from science, which is stressed again today as modern. Has some points:
Subjectivity
This is always determined by their respective historical situation, the given knowledge base, and their own life experience
Historicity
The language of a people is also evolving constantly. The objects of research in humanities are objects having developed over tim
Phenomenology
Is relevant, as the texts, cultural specificities, and objects are perceived by the individual in a specific way
Reflection
Is necessary when we try to achieve a responsible translation which gives a loyal presence to the source text and is also geared towards the conditions of comprehension in the target addressees
Process Character
Due to continuous cultural and historical development, a translational solution can never be final.
The Relationship between Law and Translation
Is the fact that law is set down, handed down, and interpreted within texts, by language. This is the link to other questions regarding translation
Various Legal Backgrounds of Translation
Translations of legal texts are either done between legal systems or within legal systems which can be national, supranational, or international
Focus on Translation Problems in the Law
“The translator of a legal text aims at introducing foreign legal worldviews into a different legal life-world. His task is to make the foreign legal text accessible for recipients with a different (legal) background” ([8], p. 283).
Legal Translation
When it comes to concrete translation of a text, we should be aware of the legal background, either in common law or in civil law
Legal Concepts and Terminology
Subjects and rights
Conditions
Actions and relations
Legalistic ideas
Concepts of European law
Linguistic Features of Legal Translation
Standard Macro-Structures
A Special Terminology
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Literal translation
Loanword
Substitution by a target term
Use of a hyperonym, which is more general
Translation with explicative extension
Target version with source term in brackets
Use of source term with a footnote
Original word as a target neologism.
Technical Style
serves a specific function of speech.
Legal texts are specialized communication, and their style is different from the creative language in
general utterances used within the family, literature, or newspapers, is thus realized by a special style:
Anonymity
Precision:
Economy of expression.
Legal Speech Acts
Procedural Repetition of Formulae
The Legal Translator’s Approach in a Double Perspective
The translational problem is to bring both these aspects together: looking at the content of the legal
background and at the language level. The translator has a double perspective
Translator Training in the 21st Century
What is Legal Translation?
Legal translation is the translation of texts within the field of law. As law is a culture-dependent subject field, legal translation is not necessarily linguistically transparent.
Challenges and Opportunities for Legal Translation
Legal translators, however, do face some unique problems in their field.
Legal Translation and Technology
Translators who still work mainly with original texts delivered on paper, signed and sealed by the authorities, are unlikely to receive these texts in digital format and hence, find will find less use for translation memories and computer-aided translation tools.
Legal Translation and the Profession
Translators are at an advantage in this new world, where professionals from any field are expected to not only handle their own field of specialization but move easily between different fields in different languages and cultures.
Charging for Legal Translation
How legal translators charge for their services is a major challenge for the future. per word translated or per line.
Quality in Legal Translation
Quality and excellence.
poor or inadequate legal translations will have drastic consequences for clients.
Legal Translators and Society
“In fact it can be argued that most translators undertake the work they do because they believe the texts they produce will benefit humanity or impact positively upon the receptor culture in ways that are broadly ideological" Tymoczko (2000)
Legal Translators and Ethics
Ethics is integral to the job of the legal translator and interpreter, not infrequently challenging us as a moral person and a professional, impacting on the quality of our work as well as our moral