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Legal document translation and its importance
Features of Legal Language
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Translation is “the process of changing something that is written or spoken into another language” (Oxford Advanced American Dictionary, n.d). Translation has an important role as it serves to approach different cultures and civilizations within each other which enhances mutual exchange for information and creates a kind of universal knowledge all over the world. Obviously, there are many types of translational fields which include: political translation, economic translation, legal translation and … etc. It is known that legal translation is considered the most complex type of translation as it has certain form and style in writing in each language. According to Cao,” it is the rendering of legal texts from the SL into the TL or a translation …show more content…
The Study of legal language with respect to word level.
Legal language is specialized with certain lexical features that lead to a diversity in the legal vocabulary types. As Alcaraz and Hughes have noted, translators found that there are certain terms in the legal field that are existed in other field with different meaning since they are very large in number, the translator has to be acquainted by their different meanings in different context. (Alcaraz & Hughes, 2002, p.17,18). Thus, translator will face a problem on this level unless he has an experience in the legal field through examining different kinds of resolutions and declarations in both Arabic and English.
A. Lexical features.
‘Legalese’, which is the language of law, is considered a unique language that has its own lexical features. These features cause a kind of complexity and rigidness in understanding the legal document easily and they include:
1. Archaic
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So the status scale between them is great, for instance, the documents that admit the high-level relations between two countries. These should be very formal. Likewise the declarations and resolutions issued from the organizations on the United Nations and the international conventions. Formality is an essential feature in law since the formality scale in the sociolinguistics is very high as the verdicts issued from any kind of court. Undoubtedly, the court is the most formal place in any country, thus its documents must be formal written in the high variety of a language. High variety of a language means the formal way of a language that is not used in everyday
Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
In his article “The Concept of Discourse Community,” John Swales describes a discourse community as a group of people that “have a broadly agreed set of common goals, contain certain mechanisms of intercommunication among its members, have acquired a specific lexis, and have a threshold level of members with a suitable degree of relevant content discoursal expertise” (Swales #). An example of such a discourse community is the legal profession. The legal profession has the common goal of understanding and applying general principles to particular factual situations. In doing so, lawyers use language, concepts, and methods that are unique to their community. In order to become a recognized member of the legal community, a person must graduate from law school and pass the bar exam thereby demonstrating an in depth knowledge concerning all areas of the law and the specialized rules, methods, and jargon used by lawyers to communicate about legal principles.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Garner, Bryan A. Black's Legal Dictionary. 7th Ed. St. Paul, Minnesota : West Publishing , 2009. Print.
of law has proved to be confusing to both juries and judges due to the
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
In this essay, I will be talking about legalism. Legalism is a political philosophy, in other words, an absolute monarchy. I chose this philosophy because it has a different logic, and it is harder to understand than the other beliefs. I have come up with three main points to explain Legalism the best way possible.
To start with, we may not live in England, but the language we speak is supposed to be English. So, one would think that a person would have no problem speaking this language at the workplace unless the job calls for a different language, This is not so. Countless people have challenged this policy of several different companies and this is what I will be discussing, in English. First, most of the workers speak English, maybe not as a primary language, but speak it to the best of their ability. This policy, to speak only English at the workplace, was completely and totally law-abiding since all the employees spoke English. Now, the employer did not say they could not speak Spanish during their break times. Only that while they were working, they were to speak English. This problem happens a lot in the Army because Hispanics' make up a considerable part of our Army. This problem should not come up though, because it is the United States Army. The US speaks English as its primary language. In the Army however, we can make a correction because if it is not directly related to the job, it should not be happening. It still does however, because it has become commonplace. Second, many employees speak Spanish and English, so these employees are bilingual.
The Importance of the Brief for a Translator under the Framework of the Skopos Theory
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.
The work of the translator stars with the reading of the ST: he has to study the lexicon, the grammatical structure, the communicative intention of the writer, and of course the cultural context in which is developed the ST, in order to identify the best translation strategy able to express the original intention.
Martine, Elizabeth A., Jonathon, Law. (2006) Oxford Dictionary of Law, 6th Ed, Oxford University Press.
Hutchins, J. (1993). "Latest Developments in Machine Translation Technology: Beginning a New Era in MT Research", MT Summit IV: International Cooperation for Global Communication. Proceedings, Kobe, Japan, pp. 11-34.
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.