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Legal document translation and its importance
Legal document translation and its importance
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Abstract
The central objective of the paper is to research and determine the factors that hinder or enhance the efficiency of translating legal documents. The translation of law is more of a complex and challenging process. In most cases, legal translators come in touch with various factors that affect their capability to translate some given terms. Apart from the most common side of linguistics, translators sometimes face cultural and social challenges that hinder their efficacy. The level of skills that a translator has on linguistics does not matter; there comes a time when the translators stumble upon terms that are very difficult to translate. Even if they are familiar with the nuances of the country of origin and the targeted country,
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Looking at the pragmatic side of language, one has to consider the relationship that exists between users of a given language and the evident linguistic signs. Considering this aspect helps the translator to understand the use of language in communication between different groups of people. Apart from the pragmatics section of a language, translators also look at the semantic and the syntaxes used in one language as compared to another. Legal translators have the obligation to familiarize with the law and the legal system of other countries and also speak the language of that country fluently. Besides that, they also require the knowledge of the Law and its system of the targeted nation. Subject expertise is vital for one to be a professional translator. A thorough understanding of legal terminologies and reasoning add to the linguistic skills that an individual translator …show more content…
In the analyzing some of the problems that arise in legal translation, one can only understand legal concepts of the target language against the common background of the source text. In order for one to be a good legal translator, they have to study a vast variety of languages. Therefore, the method necessary is the Corpus Linguistics method. According to McEnery & Hardie, (2011) Corpus linguistics is the study of language information on a broader scale. However, the corpus is not limited to a specific aspect of language. Many linguists use the approach to distinguish the data gained through the means of intuition. The researcher or the linguist analyzes own intuitions and the other people's information. Apart from that, researchers analyze the naturally occurring aspects of language in randomly collected evidence and the systematic information
"For the translator, who stands astride two cultures, possesses two different sensibilities, and assumes a double identity" —Husain Haddawy
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE, Part V - Chapter 119 - 1827 - Interpreters in courts of the United States U.S.C. § 1827 (Author n.d.).
Before beginning to translate a translator must first go through some primary necessary steps. For the key to translating is to understand source of language and culture of the country. Therefore before a translator can even begin to translate either prose or poetry he must do some research in order to gain the ability to write well in the targeted language. This research includes many hours of research in many libraries of dictionaries and reference material, including books from a similar time period or from a similar author. When a translator translate poetry he must not only understand the language in order to translate the literal meaning but also communicate to the reader the meaning beyond the literal translation.
Interpreting is translating the meaning of spoken English into a complex network of signs that resemble the words and sentence structure used in the English language.(Legal Rights)
Here are a couple of assoications open to translators and interpreters lets review each one to see what best fits. The American Translators Association or ATA offers a vast amount of benefts to its members including the ATA online learning center that gives online access to help and tips. The ATA also offers new freelancers tips on how to start up a successful business. They offers webinars that help enhance ones skills and provides tips for career advances.
In reality, however, if a conservative view on translation, which defines the activity as mainly textual and a translator as merely a messenger for the original, happens to be the mainstream norm in the target culture, chances are that the translator, under the influence of such understanding, will try to be less “meddling” and withhold his or
Conclusion Translators and interpreters need to know more than language, they must know the culture. They need to be committed to an ongoing process of learning, so that they are aware of current events and can, therefore, work accordingly when dealing with cultures that may be sensitive to certain words, phrases or delivery
The Importance of the Brief for a Translator under the Framework of the Skopos Theory
In the 1960s and 1970s, based on the concept of equivalence, many scholars have developed various views and approaches, which has improved and further developed the translation theory. Nida (as cited in Venuti, 2000), one of the most influential linguists in the translation field, defines two different types of equivalence, which are formal equivalence and dynamic equivalence. Formal equivalence focuses on the form and content of the source text. Dynamic equivalence emphasizes that the translation need to use an unmarked expression, but to provide the same function in the target text. The target text 1 shown in table 1 is an example of using formal equivalence. The Chinese sign ‘注意安全’ has been translated as ‘Attention Safety’. However, due to the differences of the terms between Chinese and English, this target text could be difficult to understand by the target audience. Hence, as Nida (as cited in Venuti, 2000) states by using formal equivalence, it is necessary to use footnotes to help target audience understand these idiomatic terms in the source language. The target text two: ‘Caution!’ is an example of using dynamic equivalence. This translation only translated the first two Chinese characters. The language use of this translation has been made some adjustment to match the context of the target language. However, this translation could provide the same function in the target culture as the function of the source text in the source culture. Thus, Nida’s (as cited in Venuti, 2000) two types of equivalence approach provide some effective methods of translation. After using footnotes or some essential adjustment, the source test could be generally considered as
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.
To show an example to grasp the difference between the two of them, it is enough to claim that in its most basic sense, if the translator cannot find an equivalent for the target language, it is at word level. However, if it is above the word level, the job of the translator becomes tougher because she/he needs to deal with more complicated language elements such as collocations, idioms and fixed expressions as clearly stated by Baker. By referring to the Baker’s reasons for non-equivalence, culture-specific concepts should be counted as the first because it is very obscure that each language reflects its culture in its language and that’s why each language differs from one another. For example, a translator may not find an equivalence for the word ‘speed-dating’ just because it doesn’t exist in the target language. Lack of a superordinate word, specific term; differences in terms of form, expressive meaning and semantic complexity of the languages can be added as other cases where we come across with difficulties. In fact, the skills of the translator is needed at this very point to deal with each situation separately by using various strategies. Using a general word, translating by cultural substitution, paraphrasing and omitting the problematic lexical element can be included as the most common strategies. To refer back to what has been explained previously, the complexity of the translation is determined by such factors. Indeed, interpreters seem to come across with more difficulties since they need to think on the
The field of Computational Linguistics is relatively new; however, it contains several sub-areas reflecting practical applications in the field. Machine (or Automatic) Translation (MT) is one of the main components of Computational Linguistics (CL). It can be considered as an independent subject because people who work in this domain are not necessarily experts in the other domains of CL. However, what connects them is the fact that all of these subjects use computers as a tool to deal with human language. Therefore, some people call it Natural Language Processing (NLP). This paper tries to highlight MT as an essential sub-area of CL. The types and approaches of MT will be considered, and limitations discussed.
TMs indeed increase productivity and allow translators to process more translation jobs in a faster way. We cannot deny that TMs make the translation process less intense by eliminating the extra work of translating repetitive sections of a text so that we can concentrate on the sections that are most needed. Unfortunately, under TMs, translation has become a mere sentence replacement activity; even worst they have the potential to erode translator´s skills when used excessively. As TMs are becoming increasingly integrated into the translator´s profession, and the demand and need for their use will only grow (Lagoudaki 2006), there is no doubt that TMs are here to stay. Therefore, technology is no longer an option given today´s professional world; it is a
If you talk to a man in a language he understands, that goes to his head. If you talk to him in his own language that goes to his heart.” ‒ Nelson Mandela. Since the 1960’s learning a second language has decreased by 30 percent in today’s society. People who wish to learn an additional language often do so to communicate with people who reside in different countries. With an increase in today’s globalization, it is forcing companies throughout the world to break the language barrier. However, with the advancement of technology, numerous citizens find it unnecessary to learn another language, as a translation is at the tip of their fingers. The methods of learning a foreign language can differentiate between people. Nevertheless it has been
Translation was founded a hundred of years ago because the importance of communicating and understanding other people with different languages. Translation is a bridge that fills the gaps between two languages and cultures. Moreover, “it is a communicative process which transfers the message of a source language text to a target language” (algaz, 2015, p.183). It is not only conveying the meaning from the one language to another language, but also transferring the culture and tradition of the community. Lefevere (2003, p.2) describe the translation as "channel opened" and it can influence on the target culture by the foreign culture. It cannot be denied that translation has a pivotal role in communicating and sharing culture. Ideology and