Intransparency in translation can be avoided somewhat by use of Latin legal terminology, where possible. 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. Courts principles of translation pdf apply authentic texts and do not rely on “convenience” translations in adjudicating rights and duties of litigants.
Most legal writing is exact and technical, seeking to precisely define legally binding rights and duties. Anglo-American common law, Islamic law, or customary tribal law for examples. Linguistic structures that are often found in the source language may have no direct equivalent structures in the target language. 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. Few jurists are familiar with terms of translation theory. They often view this term as a clear standard of quality that they desire in TT.
However, verbatim translation usually is undesireable due to different grammar structures as well as different legal terms or rules in different legal systems. Jurists asking for “verbatim” translation are likely making the lay misconception that an accurate translation is achieved by substituting “the correct” words of the target language one-for-one from the ST. 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. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation.
Legal translation and functionalist approaches: a contradiction in terms? Lexical ambiguity and legal translation: a discussion”. Translational Creativity: Translating Genre Conventions in Statutes”. All New Theories And Concepts About Translation In New Century”.
This page was last edited on 23 October 2017, at 10:33. Emblem of the Papacy SE. Coat of arms Holy See. Flag of the Vatican City. Books of the sacred scriptures cannot be published unless the Apostolic See or the conference of bishops has approved them. For the publication of their translations into the vernacular, it is also required that they be approved by the same authority and provided with necessary and sufficient annotations.