Conference Professionalization vs. Deprofessionalization: Building Standards for Legal Translators and Interpreters Dr. Radegundis Stolze Principles of.
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Slide 1
Conference Professionalization vs. Deprofessionalization:
Building Standards for Legal Translators and Interpreters Dr.
Radegundis Stolze Principles of Document Translation
Slide 2
Principles of Document Translation Documents Are written on
paper Give evidence for a social situation Express a persons
declaration or will Various text types
Slide 3
Principles of Document Translation Validity in the source text
Translation is a secondary text Content is bound to source culture
Translation is no transfer, but offers transparency
Slide 4
Translators approach to texts We translate what we are aware of
The approach is holistic Combining a macrostrategy with a
microstrategy Principles of Document Translation
Slide 5
Language functions with dual addressees Dual language level:
jurists and general public Dual coding of words: specialist
concepts and lay meaning Dual translators perspective: legal style
and legal content Principles of Document Translation
Slide 6
Various kinds of legal background National system with several
languages (Switzerland, Canada) International or supranational law
for local languages (like E.U.) A text in one national law to be
translated in another language (most frequent case in document
translation) Focus on legal concepts (1) identity of concept in the
various languages (2) competition with concepts in a national local
law (3) difference between concepts in source and target cultures
Principles of Document Translation
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Cases of legal translation and text types Body of legal texts
in national system (Switzerland, South Tyrol, Canada) New texts of
national law after political change (Hong Kong, South Africa,
former Yugoslavia, etc.) International treaties (political level)
Texts from E.U. (directives, new law articles) Criminal proceedings
(arrest warrant, request for international legal assistance, charge
or indictment, decision depriving someone of liberty) Foreign court
decisions with included articles of code (criminal and civil
proceedings) Personal administrative documents (birth certificates,
diplomas, police reports, medical certificates, insurance policy,
receipts, etc.) Trade contracts (sales and license agreements
between parties in two countries) Principles of Document
Translation
Slide 8
Fields of law Criminal Private Family International Works Trade
Administrative, etc. Principles of Document Translation
Slide 9
Conceptual terminology - levels of abstraction Subjects &
rights (specified concepts in standard lexemes) Conditions of life
(vague legal terms) Interaction & relations (specific legal
terms) Legalistic ideas (abstract terms of jurisprudence) Concepts
of European law (multilingual terms) Principles of Document
Translation
Slide 10
Subjects & rights (specified concepts in standard lexemes)
legal subjects like man, woman, father, animal, birth, object,
marriage, equality, etc. words from general language with legal
meaning compare EN. marriage with FR. mariage or DE. Ehe, rights of
persons are different A dog is a pet, but also an object (with a
certain value to be determined in case of damage). Article 3 GG:
Alle Menschen sind vor dem Gesetz gleich (All persons shall be
equal before the law): Commentary of 500 pages. Principles of
Document Translation
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Conditions of life (vague legal terms) Legal terms that need
interpretation, e.g. good faith, public decency, important reason,
high value, law and order, state of the art, night-time peace,
freedom of speech, etc. The idea behind these terms may vary from
group to group, even require court decision. What is included in
Hhere Gewalt? (only an Act of God, or also a strike, other damage,
political upheaval, lack of electricity, etc.). The vague legal
terms may have specific definitions in local legislation. This
needs explication in the translation. Principles of Document
Translation
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Social interaction & relations (specific legal terms) Such
legal terms are formally taken from standard language regarding
interaction between parties Examples: purchase, sale, debt,
exchange, rent, burglary, theft, offence, ownership, possession,
murder, manslaughter... Their legal meaning is determined by a
description of their legally relevant semantic content in the facts
of the case. Problem: this semantic content often is not identical
between various legal backgrounds, which may cause trouble,
especially in international trade, see EN. ownership that
corresponds to DE. Besitz (possession), Eigentum (property),
Rechteinhaberschaft (title). Principles of Document
Translation
Slide 13
Legalistic ideas (abstract terms of jurisprudence) On a high
level of abstraction, there are terms for phenomena that are only
theoretically conceivable. The concepts of such terms are precisely
defined by legal provision. E.g. terms like Rechtsnachfolger
(successor in title), Willenserklrung (declaration of will),
Glubigerverzug (creditors delay in acceptance), Mngelhaftung
(responsibility for defects), Transporterschleichung (transport
obtained by devious means, fare dodging), Buchgrundschuld
(uncertificated mortgage), etc. Difficult to understand for lay
persons. As theoretical concepts within a law system they require
special knowledge. Principles of Document Translation
Slide 14
Concepts of European law (multilingual terms) Legal concept in
European texts is considered identical Difference to similar words
in local laws with their legal language must be observed Beware of
false friends Special translation strategies for terminology
Principles of Document Translation
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Interrelated linguistic aspects of legal translation Standard
macro-structures Special terminology Technical style Speech acts in
legal language Procedural repetition in formulae Principles of
Document Translation
Slide 16
Linguistic aspects of translation Standard macro-structures
Documentary translation will not change form No adaptation into
target text types Same amount of sentences in contracts Target text
is transparent for source Principles of Document Translation
Standard macro-structures Special terminology Technical style
Speech acts in legal language Procedural repetition in
formulae
Slide 17
Linguistic aspects of translation Dealing with special
terminology Literal translation of term Loanword Exchange by a
target term, if fully equivalent Use of a hyperonym (more general
term) Translation with explicative extension (for institutions)
Target version with source term in brackets Use of source term with
footnote Original word as target neologism (e.g. ombudsman)
Principles of Document Translation Standard macro-structures
Special terminology Technical style Speech acts in legal language
Procedural repetition in formulae
Slide 18
Linguistic aspects of translation Technical style Anonymity,
precision, economy of expression in specialized communication
Anonymity: passive voice, 3rd person in present tense, focus on
function not on persons, orders in the infinitive Precision: many
nouns focusing on facts, functional verbs with noun, factual
adjectives, series of hypotaxes for explicitation Economy of
expression: word compounding, phraseological forms, syntactic
apposition in linguistic condensation Principles of Document
Translation Standard macro-structures Special terminology Technical
style Speech acts in legal language Procedural repetition in
formulae
Slide 19
Linguistic aspects of translation Speech acts in legal language
Assertive (statements, description) Declarative (self-commitment,
warranty) Directive (orders, recommendations) Commissive (binding,
obligations) Expressive (expression of feelings) Principles of
Document Translation Standard macro-structures Special terminology
Technical style Speech acts in legal language Procedural repetition
in formulae
Slide 20
Linguistic aspects of translation Procedural repetition in
formulae Frequent quoting of texts Same expression for similar
action No literal translation, as style is different Bilingual
collection of formulae is helpful Principles of Document
Translation Standard macro-structures Special terminology Technical
style Speech acts in legal language Procedural repetition in
formulae
Slide 21
System of orientation (law & language) Principles of
Document Translation Positioning of textTextual background Legal
world Culture with its own law system (European continental/
Anglo-Saxon/ Arabic/ Chinese) Form of legislation Continental law/
case law/ supra-national law/ law in other regions Text genre
macrostructure of text type (paragraph of code, court sentence,
certificate, contract, private document) Field of law Criminal,
civil, administrative, works, trade, family, international law,
etc. of the country Legal concepts Levels of abstraction of concept
and lexis on the text level Legal style Precision and anonymity,
standard formulae, speech acts RhetoricFormulating Text function
Transparency for ST function, documentary translation, genre
macrostructure, orientation markers, translational assignment
Terminology State of equivalence of concepts to be checked,
translation principle of common denominator of concept, literal
translation of terms Language information Official language, speech
acts and verbal tense, sentence perspective, TL phraseology,
technical word compounding, inclusive style Standardization Archaic
forms, standard procedural formulae
Slide 22
Principles of Document Translation The combination of all those
aspects is specifically different in every individual text. Legal
translation is a rather complex task that deserves credit. A
specific knowledge base is required for the legal translator.
Radegundis Stolze