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Legal document translation and its importance
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In general, Translation is “an operation on languages: a process of substituting a text in one language for a text in another”. Documentary translation is regarded as an act of communication which tackles legal translation. Legal translation is a special type of an act of communication which takes place “in the mechanism of the law”. Only professional translators specialize in legal translation because legal translation is the foundations of social relationship as marriage, contract, agreements and civil rights such as wills and inheritance. Moreover, when translating a text within the field of law, the translator should keep the following in mind. The legal system of the source text (ST) is structured in a way that suits that culture and this reflected in the legal language similarly to the target language (TT). The general characteristic features of English and Arabic legal translation are lexical, …show more content…
It is hard to fully appreciate the nature of legal language without having some familiarity with its features. Legal language has the following lexical features such as, frequent use of Old and Middle English words: Archaic expressions borrowed from old English, and are not normally used in modern Standard English, except for legal documents and perhaps poetry, are one of the distinctive features of legal language. Words such as, hereof, thereof, and whereof (and further derivatives, including -at, -in, -after, -before, -with, -by, -above, -on, -upon etc) are not often used in ordinary English. They are used in legal English primarily as a way of avoiding the repetition of names of things in the document, very often, the document itself, for example, "the parties hereto" instead of "the parties to this contract". Moreover, -er, -or, and -ee name endings in names and titles, such as employer and employee, or lessor and lessee, According to Febrero, S, L, J. (2003). Legal English
Under which theory or theories of product liability can Kolchek sue to recover for Litisha’s injuries? Could Kolchek sue Porter or Great Lakes?
What is a model? “A model is a simplified representation of reality it does not constitute reality itself. Models purposely ignore certain aspects of reality and focus on selected and related sets of crucial factors” (Segal and Spaeth 2002). In this paper, I will be discussing the three models and which model explains how justices behave the best: the legal model, the attitudinal model, and the rational model. The legal model justices vote on their preference but when given the opportunity they would vote to overturn the precedent because it does not fit their personal opinions. The attitudinal model justices are provided with the best prediction on a given case to determine how to vote. The rational model is the last model that feeds off the other models. The justices for this model vote on their preferences and not on sides. I will describe how each model links into each other.
One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where criminal wrongs tend to have. impact on society itself.
In his essay, “A Matter of Interpretation,” Justice Antonin Scalia lays out three key elements of textualism, which are explicitly present in two other competing approaches of statutory interpretation. The meaning and the intent of the law, are two of the key elements of textualism which are present in the living Constitution and strict constructionism approaches. In addition, the context of the law is an element of textualism which is present in the living Constitution approach. When Justice Scalia speaks about the context of the law, he states “in textual interpretation, context is everything” (Scalia 37), however, context is also present in the living Constitution approach. An equally important element of textualism, is the meaning of the law and it is present in the living Constitution and strict constructionism approaches. Furthermore, the intent of the law is an element of textualism which is also present in the other two competing approaches of constitutional interpretation. This essay will discuss the key elements of textualism that are explicitly present in the living
It is very important to correctly gauge your audience and understand your purpose when drafting a legal document so there will be no miscommunication. [1] The legal profession is primarily a communications profession and its writings must be highly organized and structured. [2] The communications are particularly crucial but helps ensure that complex subject matter is clearly communicated. [3] This is done by fully addressing the topic in as few words as possible and allowing the reader to gain a clear understanding of the information in as little time as possible. [4] The writings should be tailored to identify the intended audience to meet then their needs. [5] When writing to a judge or an attorney legal terms and concepts may be used. When address a client or some other person legal terms and concepts shouldn’t be used because they probably wouldn’t understand the legal jargon. [6]
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
Business in an International Legal Environment With the internet becoming increasingly powerful and popular, international business is bound to do so as well. It has become more and more important for businesses to conduct global commerce. As this trend continues to rise and the world grows smaller, many issues arise regarding the legalities of international business. I will attempt to condense these issues into this brief memo. Many advantages and disadvantages exist in international sales and trade.
"1- The name of the insured, or of some person who effects the insurance on his
In moments when the established boundaries and guiding principles of literary criticism are being severely questioned as to their past and present validity, new avenues of research thinking must be pursued. The field of Translation Studies engages us in an important research area that will revitalize the study of the arts and humanities.
Moreover, it demands the mastery to accurately convey the message in the target language. Apart from the language proficiency, it is necessary that an interpreter comes prepared, i.e. it is crucial that he/she is knowledgeable about the subject matter of the speech or text he/she is interpreting. As mentioned above, the essence of translation is by no means literal translation of words from one language to another, but a deep understanding of the thought expressed by the speaker in the source language, and the efficient explanation of it using the cultural nuances of the target language so that the thought sounds natural. In order to interpret in a timely and efficient manner, an interpreter needs to understand the gist of the message and to convey it immediately to the target audience offering either a rough equivalent of the speaker’s thought or an adequate
Skopos is the Greek word for “aim” or “purpose”(Nord 1997a: 27). It is the most significant theory that focus on the function of translated text in target situation and culture. It aims to make coordination between the cultural function of translation and the impact of target culture on translation. This paper argues that how skopos theory formated and developed to impact on translation approach. A translator should always chooses translation approaches purposefully as well as being able to translate a text in the way they want it to function(Nord 1997a: 29). It holds that translation approaches or strategies should be taken by the intended purpose of the target text and points out that certain translation methods which do not seem to conform to conventional translation criteria should be reappraised so that the function of the target text will be given due attention in the translation process.
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
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.
In the long march of mankind from the cave to the computer, a central role has always been played by the idea of law. Every society, whether it is large or small, powerful or weak, has created for itself a framework of principles within which to develop. Now, as a result of modern technology, communication, transportation and more, the evolving process of Globalization, “The internationalization of the world”, has provided an opportunity for international law and accepted norms to reach every corner of the globe.
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.