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LEGAL TRANSLATION - Coggle Diagram

- - - - Altrimenti, se non è possibile preparare una traduzione di servizio, manteniamo la formulazione inglese e poi tra parantesi la traduzione stando attenti a non equiparare realtà della lingua source target. Dato che in Italia non c’è la Supreme Court, ma c’è la Corte di Cassazione, non facciamo l’errore di tradurre Supreme Court come Corte di Cassazione
  - - - può anche, nella forma negativa, indicare un divieto.
      - azione futura
      - shall
      - obbligo
    - - funzione permissiva, di autorizzazione e di possibilità, in italiano è tradotto con “potere” o verbi lessicali quali “essere autorizzati a”, “riservarsi/avere la facoltà di”
- - - - LTS deals with the high variability of legal communicative conditions and conventions according to the legal orders, settings, branches, genres, and themes involved in translation. This multi-faceted legal dimension explains the marked interdisciplinarity of LTS, as it straddles TS, Law and Legal Linguistics.
  - - - Legal terminology has been a primary subject of research in the field as “the most visible and striking linguistic feature of legal language” and “one of the major sources of difficulty in translating legal documents” (Cao 2007, 53).
        
        Legal terminological issues encapsulate the challenges that derive from incongruities between legal traditions, and call for the distinctive recourse to legal comparative analysis in legal translation methodologies.
      - Prominence of institutional settings in LTS, as reflected in the commonly used binomial denomination “legal and institutional translation.”
        
        At the international level, the translation of legal instruments at supranational and multilateral institutions has gained momentum with the expansion of such institutions, particularly in the European Union, and with the improved access to their text repositories and other online resources
        
        The role of institutional translation services in making international and supranational law accessible and reliable in multiple languages entails significant responsibilities and challenges, as well as a potential impact on national legal provisions and discourses.
        
        Prevailing use of corpus analysis for the scrutiny of discourse features and translation issues
- - - - Mona Baker refers to these frozen patterns of language which allow little or no variation in form, again, this trait of rigidity: Frozen pattern of language, that can be translated only by making resort to parallel routines in the target language
        
        but also remarkable sentence length. So long paragraphs, very complex syntax, with embedded clauses, hypotaxis, left branching subordinate clauses, so clauses added towards the left of the sentence, syntactic discontinuities.That's a difficult text to interpret, even from a syntactical point of view.
    - - There are juridical concepts in Roman law that simply do not exist in common law legal systems, and viceversa
        
        some examples.
        
        Juridical concepts that do not exist in common law systems are, for example, potestà dei genitori, dolo, forza maggiore
        
        Juridical concept that do not exist in Roman law: bail, estoppel, trespass.
        
        Concept that bear the same name but, not being correspondent, are false cognates. False friends: contract, which is not contratto, ma appalto. Civil law, which can be diritto civile, but it's basically Roman law, so it's usually used in opposition with common law, which again is not diritto comune, ma the British system, basically the system of based on use, diritto consuetudinario potremmo dire, but, it's not. It usually is not translated into Italian. It's used as it is as alone common law civil law.
        
        Translating procedures necessary to overcome these difficulties are called legal transposition
      - And this trait of being legally binding bring us to the notion of legal equivalence- when the need was felt to define new criteria of equivalence specific to legal translation. The principle of legal equivalence adds the consideration of the legal effects, so not only equivalent in meaning and intention, but also in effects.
        
        According to the principle of legal equivalence, the translation of a legal text will seek to achieve identity of meaning, as I just said, between original and translation, which is two folded so it can be intended as identity of propositional content, but also as identity of legal effects, while at the same time, pursuing the objective of reflecting the intents of the person or body which produced the source text.
- - - - :red_flag: The writing conventions are different: sentences often have apparently peculiar structures, punctuation is used insufficiently, foreign phrases are sometimes used instead of English phrases (e. g. inter alia instead of among others), unusual pronouns are employed (the same, the aforesaid, etc), and unusual set phrases are to be found (null and void, all and sundry)
      - :red_flag: A large number of difficult words and phrases are used. These fall into three categories:
        
        Legal terms of art: are technical words and phrases that have precise and fixed legal meanings and which cannot usually be replaced by other words. Some of these will be familiar to the layperson (e. g. patent, share, royalty). Others are generally only known to lawyers (e. g. bailment, abatement).
        
        Legal jargon - Terms of art should be differentiated from legal jargon. Legal jargon comprises words used by lawyers, which are difficult for non-lawyers to understand. Jargon words range from near-slang to almost technically precise words. Well-known examples of jargon include boilerplate clause and corporate veil.
        
        Jargon includes a number of archaic words no longer used in ordinary English. These include annul (to declare that something, such as a contract or marriage is no longer legally valid) and bequest (to hand down as an inheritance property other than land).
        
        It also includes certain obscure words which have highly specialized meanings and are therefore not often encountered except in legal documents. Examples include emoluments (a person’s earnings, including salaries, fees, wages, profits and benefits in kind) and provenance (the origin or early history of something). Jargon words should be replaced by plain language equivalents wherever possible
        
        Legal meaning may differ from the general meaning. There is also a small group of words that have one meaning as a legal term of art and another meaning in ordinary English. One example is the word distress, which as a legal term of art refers to the seizure of goods as security for the performance of an obligation. In ordinary English it means anxiety, pain or exhaustion.