In this paper, the major aspects of and essential developments in translation theory, including the ever-recurring question of what constitutes a good translation, will be explored and the particularity of legal translation will be discussed. In the translation of national law terms, many facets have to be kept in mind. For example, the mastering of the different languages poses problems as does the relation of legal texts to different and specific legal systems and cultures. The focus will then switch to legal language in particular. The opposition between word meaning of everyday language and the word meaning of languages for specific purposes will be clarified. Then, particular difficulties in legal language and translation with consideration of the different legal systems where these translations are used will be illustrated with respect to the nature of legal discourse, its dependence on the legal system and the presentation of possible ambiguities and their interpretation. The problem of a common legislation in the European Union is one of finding a legal terminology that is not influenced by its cultural environment – an entirely impossible enterprise.
Table of Contents
1. Introduction
2. State of the Art
2.1 Translation Studies and Languages for Specific Purposes (LSP)
2.2 What is a (good) translation?
2.2.1 The translation
2.2.2 The “free” versus “literal” translation debate
2.2.3 Equivalence of meaning in translation
2.2.4 Official quality standards
2.3 Legal language
2.3.1 Languages for Specific Purposes (LSP)
2.3.2 Word meaning of LSP versus everyday language
2.3.3 Legal language use
2.3.4 Particular difficulties in translating legal terms
3. Theoretical Foundation
3.1 The Dialogic Action Game
3.1.1 The Action Principle, the Dialogic Principle and the Coherence Principle
3.1.2 Rules versus conventions
3.1.3 The speech act
3.1.4 The quasi-universal structure and predicating fields
3.1.5 The expression side
3.2 Legal action games
3.2.1 Functions the model must fulfill
3.2.2 Legal thinking as a part of the action game
3.2.3 Representative, directive and explorative action games
3.3 Possible solutions in legal translation
3.4 Discussion of the methodological approach
3.4.1 The aim of the analysis
3.4.2 Corpora in the comparative analyses
3.4.3 Implementation of the comparative analysis
4. Comparative Analysis of translations of English, German and French Legal Terms
4.1 Conscientious objection
4.2 Property
4.3 Protection of personal data
4.4 Right to asylum
5. Summary and Outlook
Objectives & Themes
This paper examines the inherent complexities and specific difficulties associated with the translation of legal terminology. The core research question addresses how meaning is negotiated and preserved during the translation of legal texts, particularly within the context of European Union legislation, where multilingualism and diverse legal cultures pose significant challenges to achieving uniform interpretation.
- Theoretical exploration of translation studies and Languages for Specific Purposes (LSP).
- Application of Edda Weigand’s “Dialogic Action Game” as a model for analyzing legal discourse.
- Comparative analysis of fundamental human rights terms across English, German, and French legal systems.
- Evaluation of translation strategies, including domestication, foreignization, and terminological bridges.
- Investigation into the interplay between everyday language use and strictly defined legal terminology.
Excerpt from the Book
2.2.1 The translation
The questions of what a translation is, how a translation should be made, and how a translation becomes a good one are essential questions that have been discussed by many scholars with greatly diverging views.
Generally, in translation, a sort of synonymy is established between the different languages from which and into which is translated. In special cases the relations and the concepts are the same and can be considered as synonyms; when language boundaries are crossed this can be called crosslingual synonymy.
The word ‘translation’ is polysemous as, on the one hand, it refers to the translation process itself and on the other hand, it can be the result of this translation process. In this paper, special interest was placed on both of these aspects as legal terms can only be translated properly when the translation process is successful. The result of the translation will be in the focus, but the result cannot be analyzed if the translation process is not taken into consideration as well. In the process of translation the two stages of comprehension of the source text and the expression of its message must be passed through.
Summary of Chapters
1. Introduction: Outlines the challenges posed by extreme multilingualism within the European Community and the resulting need for precise legal translation.
2. State of the Art: Reviews translation theory developments, the nature of legal language as an LSP, and the debate surrounding literal versus free translation.
3. Theoretical Foundation: Introduces the “Dialogic Action Game” as a framework to analyze language-in-use and negotiation processes in legal contexts.
4. Comparative Analysis of translations of English, German and French Legal Terms: Conducts an empirical analysis of specific legal terms like “conscientious objection” and “property” across three major European languages.
5. Summary and Outlook: Synthesizes findings on legal translation as a system-bound discipline and suggests future research directions regarding harmonization and terminology banks.
Keywords
Legal Translation, Languages for Specific Purposes (LSP), Dialogic Action Game, Legal Linguistics, Multilingualism, European Union Law, Equivalence, Recontextualization, Terminological Bridges, Comparative Analysis, Translation Studies, Legal Terminology, Human Rights Charter, Pragmatics.
Frequently Asked Questions
What is the primary focus of this paper?
The paper focuses on the unique difficulties of legal translation, arguing that it is a complex, system-bound, and culture-dependent discipline that requires more than just lexical substitution.
What are the central themes discussed in the work?
Key themes include the clash between legal systems, the role of culture in shaping legal terms, the ambiguity of legal language, and the evolution of translation theory from structuralist to pragmatic approaches.
What is the main research objective?
The goal is to demonstrate that legal translation is a negotiation process rather than a static act, especially within the context of harmonizing diverse European legal traditions.
Which scientific method is utilized?
The author employs Edda Weigand’s “Dialogic Action Game” as a theoretical foundation to model legal communication as a dynamic process of action and reaction.
What topics are covered in the main body of the paper?
The main part covers the historical development of translation studies, the definition of legal language as an LSP, the debate on translation fidelity, and comparative analyses of key human rights terms.
Which keywords characterize the work?
Crucial keywords include Legal Translation, Dialogic Action Game, Recontextualization, and Legal Linguistics.
How does the author define legal language in relation to everyday language?
The author emphasizes that while legal language borrows from everyday language, it aims for a “semantics of definition,” whereas everyday language functions through a “semantics of use.”
Why is the concept of “recontextualization” significant in this analysis?
It is central because it describes how legal concepts from national systems are transformed and adapted when integrated into supranational EU legislation, creating new meanings in the process.
- Quote paper
- Berenice Walther (Author), 2008, Difficulties in Translating Legal Terms, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/268485
