Translation of legal texts: the best strategy to choose
- language of legislation,
- language of bylaws,
- language of law enforcement practice (which also has subtypes)
- the language of legal science,
- language of legal education,
- the language of legal journalism
Do terms matter?
The degree of legalization of a legal text indicates the extent to which the importance of terminology prevails over “ordinary vocabulary” in such text.
There are 4 degrees of legalization of the text (figuratively speaking – “degrees of severity”, to which the legal text may belong):
- Law texts with a lot of terms
- Law enforcement texts, such as official correspondence of lawyers
- Legal texts written by non-specialists. They reflect the everyday ideas of ordinary native speakers about the legal language (its style and vocabulary) and are often the result of its kind of intuitive imitation. Such texts tend to sound natural, therefore natural are all collocations and the very terms.
- Texts written not for legal functioning, but got into it for a reason. Say, texts for the linguistic expertise, having place due to verbal abuse of a person. Here, only the “points of touch” of such texts with the law are subjected to legal analysis. Translation of legal texts of this type implies the legal vocabulary only for those “points of touch”, in order to transfer the everyday language into the law environment to ensure its implementation for the case.
Thus, successful translation of legal texts depends on the type of a legal text, their function and addressee. Precision, comprehensibility and good style sometimes replace each other. For example, comprehensibility and style are important when translating a discussion to familiarize a wide range of readers with specific legal issues. On other hand, a sentence to be carried out in another country must be translated precisely.
Precision, comprehensibility and good style sometimes replace each other.
Thus, successful translation of legal texts depends on the type of a legal text, their function and addressee. Precision, comprehensibility and good style sometimes replace each other. For example, comprehensibility and style more important when translating a discussion to familiarize a wide range of readers with specific legal issues. On other hand, translation of a sentence to be carried out in another country must be primarily focused on proper identification of terms and their meaning in target language.
In addition to professional terms requiring the appropriate knowledge of the translator, translation of legal texts also has other important specifics and methods to interpret the information:
- a noun repeated in a phrase many times, is not replaced by contextual synonyms. This is due to intentional avoidance of subjective interpretation in the translated text.
- absolute present tense and passive constructions. The present tense of verbs conveys the meaning of objectivity and constant action. Passive constructions in the translation of legal texts are used for generalizing statements, prescriptions and focus the attention of the reader of a legal text on the action or fact itself, abstracting from the “doer”.
- the structures with the meaning of conditions and reasons, excessive homogeneous members of the sentence and homogeneous clauses. The intention is still the same: to make the expression simple, clear and understandable, avoiding interpretation ambiguity.
- very few abbreviations (except for the traditionally used abbreviations of regulatory enactments), brackets, numerals. Numbers are usually conveyed in words.
Translation of legal texts: 10 commandments of a translator, which are better not to break
The degree of difficulty in translation legal texts depends on the area to which the legal text belongs, namely:
- procedural law, family law, administrative law (areas in which national and regional domestic features of the legal system are more specific)
- commercial law, banking law, the field of consumer protection (texts from legal fields based on international exchange and cooperation)
- environmental law (as an example of a field of law that is equally developing and emerging in states with the same level of the economy)
All in all, lets sum up what rules a legal translator follows when working with legal texts:
1. ͇S͇a͇y͇i͇n͇g͇ ͇“͇N͇o͇”͇ ͇t͇o͇ ͇c͇r͇e͇a͇t͇i͇v͇e͇ ͇w͇r͇i͇t͇i͇n͇g͇.͇
A word used 10 times in a legal document is not a tautology, but a guarantee of legal accuracy.
For example, the word “agreement” has several meanings when translated into Ukrainian or Russian. Having defined at the start of translation what kind of the agreement it is, the translator should always use the same term for “agreement” throughout the document. Otherwise, it may lead to a problem when a solicitor reading it afterwards would suspect there are some other additional “agreements” that he has not been notified of.
2. A͇v͇o͇i͇d͇i͇n͇g͇ ͇r͇e͇d͇u͇n͇d͇a͇n͇c͇y͇.͇ ͇
A lawyer does always understands legal statements right. Therefore, there is no need to put in clarifications for “better” translation if they aren’t in the source text.
3. ͇D͇o͇u͇b͇l͇e͇-͇c͇h͇e͇c͇k͇i͇n͇g͇ ͇t͇h͇e͇ ͇d͇e͇f͇i͇n͇i͇t͇i͇o͇n͇s͇ ͇i͇n͇ ͇t͇h͇e͇ ͇t͇a͇r͇g͇e͇t͇ ͇l͇a͇n͇g͇u͇a͇g͇e͇.͇
A diligent legal translator compares the source document with traditional analogues in the target language in order to highlight the difference and the specifics.
4. ͇R͇e͇f͇f͇e͇r͇i͇n͇g͇ ͇t͇o͇ ͇a͇n͇ ͇o͇r͇i͇g͇i͇n͇a͇l͇ ͇s͇o͇u͇r͇c͇e͇ ͇.
He always makes sure to check the translation against the titles of laws and regulations in the original.
5. ͇U͇n͇d͇e͇r͇s͇t͇a͇n͇d͇i͇n͇g͇ ͇w͇h͇a͇t͇ ͇t͇h͇e͇ ͇t͇r͇a͇n͇s͇l͇a͇t͇i͇o͇n͇ ͇i͇s͇ ͇a͇b͇o͇u͇t͇
A skilled legal translator, editing his translation, will always ask himself the question: “Do I understand it myself?”
6. ͇S͇p͇l͇i͇t͇t͇i͇n͇g͇ ͇s͇e͇n͇t͇e͇n͇c͇e͇s͇
The legal texts of the Romano-Germanic and Anglo-Saxon systems of law “sin” with heavy sentences of one or two pages alike Leo Tolstoy’s narrative. Splitting one foreign phrase into 3-5 sentences in our language is a good solution and makes the translation of legal texts “easier” to understand.
7. ͇P͇r͇o͇o͇f͇r͇e͇a͇d͇i͇n͇g͇ ͇o͇u͇t͇s͇i͇d͇e͇ ͇t͇h͇e͇ ͇o͇r͇i͇g͇i͇n͇a͇l͇ ͇f͇i͇r͇s͇t͇.͇
While editing the text, first proofreading should be done with no reference to the original. The translation is done best, when it isn’t obvious for an eye of the native speaker of the target language.
8. ͇H͇a͇v͇i͇n͇g͇ ͇l͇a͇w͇y͇e͇r͇s͇ ͇a͇s͇ ͇b͇e͇s͇t͇ ͇f͇r͇i͇e͇n͇d͇s͇
The best way to acquire the skill of high-quality legal translator in the shortest possible time is to work side by side with lawyers. Another good way is to participate in dedicated forums where experts answer questions from colleagues.
9. U͇n͇d͇e͇r͇d͇o͇i͇n͇g͇ ͇i͇n͇s͇t͇e͇a͇d͇ ͇o͇f͇ ͇o͇v͇e͇r͇d͇o͇i͇n͇g͇.
An experienced translator of legal texts is not afraid and does not avoid official jargon and clichés in translation, even if they look too bulk or too formal.
10. ͇A͇d͇h͇e͇r͇i͇n͇g͇ ͇t͇o͇ ͇u͇n͇i͇f͇o͇r͇m͇i͇t͇y͇
Proper names, geographic names are always transliterated in the same way.
A good legal translator does his best to avoid the situations, when differently translated documents will one day “meet” and make a trouble for their owner.
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