Проблемы перевода юридических текстов

CONTENT

INTRODUCTION ………………………………………………………............  2

1. CHAPTER I - LEGAL TEXTS
1. Translation conception ………………………………………………  4
2. Translation classifications …………………………………………..  6
3. Legal texts translation ………………………………………………   9
4. Kinds of legal translation …………………………………………...  10
5. Legalese or legal language of statement …………………………… 11
6. Legal texts translation peculiarities ………………………………..   13
7. Cultural linguistic peculiarities …………………………………….   15
2. CHAPTER II – LEGAL TEXTS TRANSLATION
1. Personal documentation translating:

2. Business documentation translation:

3. CONCLUSION
4. BIBLIOGRAPHY
5. APPENDIX

LEGAL TEXTS

INTRODUCTION

Each person wants to reach some goals in his life, to prove someone to himself at first that he is able to do something. Thus, the writing and defense of course work is the start point of each student to prove his parents, classmates that his teachers’ labour and his own and partly his parent’s had its sense i.e. it was worth it. I mean all spent time and strength for study during the exams and study in general. And I can use such Russian saying as “No cross no crown”, so the course work writing is the result of educational establishment graduation, in our case of college.

In order to write course work each student first of all has to choose the theme of his work carefully because he is going to work with material of this theme the whole year during the study and this theme should be interesting to discuss. The legal texts translation is an interesting theme, I think here my sister had great influence, cause when I was a child my sister studied at university by the profession “Lawyer”, and I read her juridical books, lectures and it was very interesting for me and it is still interesting for me. That is why I chose these this for my course work. I wanted to know more in this sphere and the course work was the way to do it step by step.

Also each student as in any other work has to mark goals and objects for himself in order to know what to reach and what to expect from this work.

I expressed my goal as following:

1.    To research issue of “Legal texts translation peculiarities” and ways to solve these issues.

And on the assumption of my goal I have next tasks:

1. To find the information
2. To adopt it
3. To give classification, conception
4. To use analysis methods
5. To find out peculiarities, varieties of theme
6. To use found out kinds, classifications, groups of translation on the practice
7. To make a conclusion, generalization, deductions by the given theme.

To reach set goal we could use any method of goal reaching. There are as following:

1. Method of research
2. Method of comparative analysis
3. Method of constructive analysis
4. Method heuristic analysis

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The object of the given research work is the “Legal texts peculiarities”

The subject of the work is the translated texts according to the given theme.

      In general this course work consists of the introduction, theoretical, practical chapters, conclusion, appendix and bibliography.

1. In introduction the theme choosing reason, goals and tasks, methods, object and subject are showed
2. In theoretical part named as Legal texts translation and it contains the general information about translator’s work, translation classifications, legal texts and their kind and peculiarities of their translating.
3. The practical one consists of legal texts translation samples with analysis.
4. Conclusion is a part where the result of made work regarding this course work theme written about.
5. Some notions, tables concerning legal texts translation peculiarities are in appendix.
6. Bibliography contains all the literature I used during my research work.

LEGAL TEXTS

1. Translation conception and its functions. Interpreter’s profession peculiarities.

“Translation” conception means great kinds of occupation. It can be both in written form as poems, belletristic literatures, documents, articles, statesmen’s, scientists’ approaches,  religious texts’ translation and in oral form as speaker’s speech translation during the press conference, discussions, business confrrence with a purpose of overcoming the language barrier, if speakers speak in different languages. “Translation helps along information interchange”, as everybody knows, who owns the information, that person “rules” the world. Alias, information is “the foundation to human’s progress”. Thus, we can make a conclusion that the informative function of translation is one of the most important.

To give the conception to the “translation”  is not so easy and can lead to many debates, as the translation can be different and has specific aspects, which should be mentioned in its conception. Linguistic scholars give different explanations of “translation”  conception.

Eminent scholar, linguist, the author of plenty of scientific studies - A.V.Fedorov tells that first of all – translation is the process, which goes as psychological action and means recreating the voice product of source language into target language; and at the second – translation is the result of this process, i.e. new voice product in target language. English language teacher, translator-trainee - I.S.Aleekseeva says that translation is as “reciting or conversion of the source language text to target language”, if we see the language as the system of codes. L.K.Latushev considers that translation is “one of the human activities, which is more finished way of language intermediation”.

All of these conceptions are true in their ways and give representation about translation activity. Translator’s profession is one of the most immemorial; it’s known that already during the first contacts between people talking different languages, they needed somebody like “interpreter”. Due to translators’ work we have an ability to read world famous, talented writers’ texts, be aware about news and communicate to foreign partners. Thus, each time translator’s work shows its necessity for people. Some people think that in order to translate to have scholar education and know the language by a hair are enough, but it is not so. Translator’s work is difficult and creative process.  Translator’s knowledge is formed during many years and vocabulary is supplemented everyday and in order to achieve translating skills, he need a lot of time. Negotiations’, debates’, international summits’ success are depend on translator, it is he who is able to make better negative moments and communicants’  sharp statements, and vice versa, he is able to spoil relations between communicants.   

Here we should indicate about the process of translation to prove that translator’s work is really difficult. “The translation process is divided into 2 levels. To

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translate, translator has to understand the material, analyze and critique it.  Then, he should find and choose the apt way of translating this text to target language. Thus, translator’s work should show respect, patience and understanding, as to translate any even easy text, he need certain energies, intellectual stress, sometimes even inspiration, what should be praised, on my opinion”. 

LEGAL TEXTS

2. Translation classifications

As I said before I chose theme regarding legal texts translation, but it is not the separately kind of translation. The legal translation is a kind of informative or special translation and informative translation is subtype of genre stylistic translation classification. Generally, there are two translation classifications and they have their subtypes.

There are “Genre stylistic” and “Psycho linguistic” translation classification (see app #1). The first – genre stylistic classification can be divided into “Artistic or literary translation” and “Informative or special kinds of translation”. And each of these branches has its subtypes, let’s start from “Literary (artistic) translation” subtypes, but at first I have to say what the literary translation is.

1. Literary (artistic) translation is the translation of literature works. The literature works are opposite to the other works because all literary works have one dominant function. This is the aesthetic and poetical function. The main purpose of any literary work is to gain particular aesthetic influence, to create artistic image. Such an aesthetic direction distinguishes artistic speech of all other acts of artistic communication.

In other words literal translation is a type of translation equivalence. The main task of this translation is to create the speech work in the target language which is capable to make artistic and aesthetic influence on the readers.

And there are several subtypes in literary translation:

1. Poetry
2. Plays
3. Satire
4. Drama
5. Humor
6. Poems and so on and so far

The second subtype of genre stylistic translation classification is informative (special) translation.

2. Informative translation is the translation of texts which main function is to transfer some information, not the artistic of aesthetic influence. Subtypes of this kind of translation can be classified as following:

1. The translation of scientific and technical materials

2. The translation of official and business materials
3. The translation of newspaper articles
4. The translation of legal texts

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The second type of translation classification is “Psycho linguistic classification”, this type also has its subtypes. There are: “Oral translation” and “Written translation”.

1. Oral translation is the translation whet the source text and target text are not fixed in the form of the text, but in the oral form, it has following subtypes:

1. Simultaneous translation is the type of oral translation when the interpreter is supposed to be able to give his own translation while the Speaker is uttering the message with the gap of 2-3- seconds. It means that the received information is accumulated and retained in the interpreter’s memory. As a rule the simultaneous translation is realized with some technical devices in the special room. The Speaker’s speech can be heard only in the headphones, but the interpreter speaks into the microphone.

But the simultaneous one has its own subtype. It is “Whispering”, when the interpreter is near the Receptor and tells him the translation in a low voice either with the microphone and headphones or without it.

2. Consecutive translation is a subtype of oral translation when the interpreter begins to translate the speech after the Speaker finishes it. The size of the source text can be different. 2 or 3 sentences or even a text 20-30b minutes long. This type of translation includes conversation in the memory of contents of the original during some time till the beginning of translation. If the volume of the original exceeds some statements the interpreter can make some notes of the main sentences in the contents. These notes help the interpreter to restore the message in his memory.

2. Written translation is the translation when the original and target texts are in the form of fixed texts. The translator can look at these texts all the time. It makes an opportunity to correct mistakes and blunders, to make it more acceptable for the Receptor, i.e. is before the end of the process of translation.

The written translation can be classified as follows:

1. Zero translation is a denial of the transfer of meaning of grammatical unit because of its superfluity. Grammatical meaning can often be duplicated in the statement with the help of lexical or grammatical means. In such case a non-equivalent unit gets “”zero correspondence” in the translation, i.e. this unit is “omitted”.
2. Adequate translation is the translation that meets the pragmatic requirements of the translation acts on the maximum level of equivalence. In this translation they meet the genre stylistic requirements to the texts, correspond public conventional norm of translation; also they do not break the norms of target language. We can say that the adequate translation is a “good” translation that meets the requirements of communicants or people who evaluate the translation.
3. Exact translation is the translation where they translate only logical part of the original contents with possible divergences from genre stylistic norm and rules of target language. Exact translation can be adequate one if the task of the translation is to show information about environment. Exact translation is partially equivalent.

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4. Free translation is the translation that was made on the low level of equivalence that the level that can be achieved in these translation conditions. Free translation may be acknowledged adequate if it meets requirements of translation and if it has not any considerable losses during transfer of the original contents, this translation is considered to be non-equivalent and inadequate making it “retelling” or self-dependant statements on the original topic.
5. Word-for-word translation is the translation that repays elements of the original. As the result both norms and usage of target language are broken or the contents of the original become awry. If they try to replay sense elements of high level of equivalence and do not provide the transfer of the original on the other levels of equivalence, we can say that such a translation is wry.
6. Draft translation is the prior translation which equivalence is limited on the level of identification of situation of objective and logical contents of the original text. There are possible losses and divergences of the norms of target language. They transfer only what it was told in the original.
7. Work translation is the prior translation which equivalence is limited on the level of description of situation of objective and logical contents of the original. Such a translation fully transfers objective and logical contents of the original text, meets norms of target language. However, such a translation can be inadequate during replaying connotative aspects of the original, also makes explanation in order to delete the losses of information.
8. Official translation (ready to publish) is the final variant of translation that is given by the translator as the fully replay of the original text. This translation replays all the functional elements of the contents of the original including its pragmatic potential.
9. Shortened translation is the omission of some parts of the original because of moral, political or the other conditions of practical character. They can say that translated parts of the original are being transferred as communicatively equal parts in the target language, though all original is being transferred partially.
10. Adapted translation is the partial simplification and explanation of the structure and contents of the original in the process of translation. They use the adapted translation in order to make the translation easy to understand for some groups of Receptors who do not have special knowledge or professional experience. Such an adaptation is often used either to make the translation of the “adult” texts for children or to translate scientific text for the readers who are not professionals.

LEGAL TEXTS

3. Legal texts translation

The informative texts translation is seen as the most difficult work. But between these informative texts the legal texts translation distinguished with their specific difficulty. Many people suppose that to make good translation, to know the term of law is enough, and it is not right. If we talk about translation of legal text we are sure to say that here should be the second translator- editor who is native speaker of this language. Only this way it is possible to make translation of legal texts are conformed to source language text at all. 

Mainly, the origin of translating problems of informative texts in law sphere can be absence of phrases in target language, which can exactly describe terms of the source language. Therewith, the content of the text depends on nations’ culture peculiarities and their world vision, and also of local legal system peculiarities.

Though, in this way it can influence to the text content, even if you translate it word by word, the sense of source and its translation will differ as sky from the land.  And that is why good translator should study idioms, vocabulary equivalents and the other set expressions of target language.

One more difficulty with which translator faces during the translation of legal texts as of the other special texts, is necessity in having great knowledge in legal sphere and having skills of right sentence making.

Jurisprudence is not a belletristic literature and here translation can’t be made in the rough to the source text. Here can’t be done any mistakes, because they can lead to unchangeable consequences. However, the difference between the legal systems of different countries should be taken into account. That is why only person with education is near to juridical and with an experience of the lawyer can make translation of legal texts. The texts of source and target languages see in different legal systems, therefore, in these texts translator should use different statements, which are proper for each language.

But these statements should be understandable for both parties, the content of the source and target languages texts must be the same. So, the translator (interpreter) has to have knowledge as in field of domestic law so in the field of the translating county law.

All these facts define the peculiarities of making the translation of juridical texts, and prove that jurisprudence requires from specialists making the translation of such kinds of texts specific responsible and great knowledge in this field.

LEGAL TEXTS

4. Kinds of legal translation

Legal translation, i.e. “translation of the texts regarding branch of law and using for legal information exchanging between people, talking different languages” includes (see app #2):

Personal documentation translating

• Passport translation;
• Work record card translation;
• Marriage certificate translation;
• Birth certificate translation;
• Divorce certificate translation;
• Death certificate translation;
• Agreement of marriage translation;
• Agreement to minor child set-off translation and so on

Business documentation translation:

• Sales contract translation;
• Contract of insurance translation;
• Insurance policy translation;
• Contract of tenancy translation;
• Labour contract translation;
• Loan contract and credit translation;
• International agreement and contract translation;
• Fiscal commission and guarantee translation;
• Financial statement and accounts translation;
• Diplomas and certificates translation;
• Licenses translation;
• Letter of attorney translation;
• Seal translation;
• Engineering data translation.

LEGAL TEXTS

5. Legalese or legal language of statement

Not for nothing, legal translation sees as one of the more difficult kinds of translation. Because the translator’s skills are not enough to translate such kind of texts from Russian to foreign and vice versa.

“Legal translation can’t be made in correct way without special knowledge in branch of law usage and, without peculiarity of concrete kind of relation knowing.” It is necessary to know existing legislation and also have special vocabulary and know the peculiarity of usage foreign juridical terminology in concrete context.    Legal translation is always joined with certain difficulties particularly, it’s impossible to translate statutory act, contract and the other documents if you don’t know to nicety of usage English legal terminology. And often specialists face to legalese – “special style, specific definitions and constructions on the base of which a lot of documents are consisted”

Legalese is English term, which is usually used as a synonym to the concept of legislation style of statement. “It is a specific legal language, special way sentence and word combinations construction, which for people who don’t know to nicety English legal terminology seem as have no sense.”

Legal way of expressing sees as especially formal. This formalism shows in long decompounds sentences, lengthy phrases and specific terminology.  Legalese is often used during standard international act and court holding forming, though, sometimes this formalism can be met and in everyday lawyers’ speech.      It is necessary to mark that today the Plain English movement becomes more popular, it is a tendency to use of everyday English language instead of legalese”. However, English lawyers say that it’s impossible to refuse of legalese usage in juridical theory and practice.

English legalese  has following features:

- words and phrases usage, which “has no meaning in usual everyday understanding”. However, in legalese they have concrete meaning, e.g.:

nemo dat (nemo dat quod not habet) is a principle according to which nobody can assign or sell that to what he has no property law;

replevin is a suit of chose tenement return;

- words and phrases usage, which in addition to general, everyday meaning have specific juridical meaning, particularly:

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nuisanсe (tort of nuisanсe) is delict, based on persons’ infringed right to own his property;

сonsideration (valuable сonsideration) is a satisfaction; one of the necessary agreement elements to be able forcibly judicially made;

- Formal vocabulary usage, which sees as outdated and rarely used in everyday communication:

Hereinafter means in the sequel, in what follows;

Aforesaid – foresaid.

- Long sentences construction, “including great number of compound phrases, completing or characterized initial approval”:

“For the authority of these maxims rests entirely upon general reception and usage; and the only method of proving, that this or that maxim is a rule of the common law, is by showing that it hath been always the custom to observe it”

- Frequency of usage such modal verbs as shall, will:

“«[…] the generality of subsection above shall not be taken to be prejudiced by any enactment […]" or "[…] he shall be removed from office as a justice of the peace in accordance with section 6 of this Act […]»[ Hiltunen 1990: 94]”

- Passive constructions fullness:

“It may be true that such parts of the common law […] are based upon, or (are) consistent with, ideas and values […]”

LEGAL TEXTS

6. Legal texts translation peculiarities

As we know, specialized translations are the most difficult and have certain peculiarities. Many people faulty think that for successful translation to know the terminology of some sphere is enough. But in real we can note that it’s not so. E.g. translator knowing juridical terminology can easily translate such word combinations as therapy, peaсe officer, profiling, police discreteness, health screening, which have the following meaning in jurisprudence “перевоспитание, офицер полиции, психологическое тестирование заключенных, полномочия полиции, медицинское обследование”

However, it’s not always easy to find an equivalent to some fixed word combination or faced terms. “Essentially, problems with such kind of texts translator can have because of word combinations absence in TL, which could enough and directly describe the terms of SL”. In addition, “text dependence on cultural peculiarities and people mentality and also on existing legal systems can lead to inconsistence of meanings of the texts in SL and TL, even if the translator made word-by word translation.”

That is why, the translator is obliged to update his knowledge learning different lexicographic equivalents of words and word combinations.

Understanding and consequently, giving equivalents of such word combinations as, “sensibility training” or “verbal judo” require from translator “not only translation reference, but understanding professional police culture too”. This is the most difficult situations for general translator, on my opinion, who doesn’t specialize on some certain kind of translation, as the proper linguistic context can’t help to find equivalent translation.

Terminological word combinations, which denote realias are undoubted interesting, “but they unusual for Russian juridical practice, and proper for specialists and therefore they are often discussed in professional lawyers’ field”.

Examples of such word combinations as follows: plea/charge bargaining, plea bargain, which can be translated into Russian as “судебный торг”. However, such translation requires translation comment, which “has to explain that it’s sort of pre-trial negotiation process between courts, accused person’s and victim’s lawyers”, and that if accused person admits his fault of made crime he can hope on mild court’s sentence or avoid of court action at all.

Through, according to the example of legal translation, we can surely say that it’s necessary to a nicety know onions in SL native speakers’ cultural peculiarities, also in specific constructions are proper only for them.  

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One more legal translation difficulty, as and other specials, lies in necessity to have deep knowledge in learning field and to make out in details, in order to “combine sentences in normal connected text without miscommunication”. This field also requires special accuracy in phraseologies.  You shouldn’t translate any phrase “roughly by the meaning”. Even fine mistakes and inaccuracies can lead to wrong interpretation of its meaning and can lead, for example to brining an action to translator.  Of course it’s also necessary to take into account the difference between countries legislations.

It is also necessary to note cases of abbreviations translation, which are accepted and wide used in given professional field. As in the other professional communication such abbreviations used not in only written but also in oral texts. For instance: DUI/DWI – driving under the influence/ driving while intoxicated (вождение автомобиля в нетрезвом состоянии); ROR - release on recognizance (освобождение с подпиской о невыезде), GBMI - guilty but mentally ill (виновный, но требующий принудительного психиатрического лечения в период отбывания срока исполнения наказания).

Some difficulties made by word combinations translation, having different meaning in British and American variants of English language. “There are not so much such situations in legal sphere, but wrong translation corrupt text original sense”. As British so American variant has such word combination as Attorney General, but during such word combinations translation translator should note which variant of English language used in concrete situation.

1) Attorney General - in the United Kingdom except Scotland, the senior law officer and chief legal counsel of the Crown: a member of the government and of the House of Commons

2) Attorney General - in the US, the chief law officer and legal adviser to the Administration: head of the Department of Justice and member of the cabinet.

Legal translations can be made only by professionals having education in the field of juridical law. “ SL and TL texts are seen in absolutely different legal systems, and consequently here should be used different phraseologies are proper for each language”. But theses phraseologies have to have the same meaning in both languages and be understandable for both parties. In result “translator should know onions in not only his country law, but also in country of SL”.

All of these factors define the juridical translation peculiarities and prove that juridical field requires from translators deep knowledge and, special accuracy and it’s one of the most difficult. Exactly that explains the high cost of these translations among others.

LEGAL TEXTS

7. Cultural linguistic peculiarities

Different countries have different legal systems.

Each nation’s language has its own juridical terms.  For example, English language is proper for USA, Great Britain juridical systems, German language is proper for Germany, Switzerland, Austria juridical systems. Linguistic equivalents of juridical concepts are often impossible. Nowadays, for Europeans “Human rights charter”  is unified, but for member-governments of European community the documents, regulations and international organization solutions. That is why there are the raw of rough equivalents in different languages. For instance:

Article 3

Everyone has the right to life, liberty and security of person.

Каждый человек имеет  право на жизнь, свободу и личную неприкосновенность.

Article 17

Everyone has the right to own property alone as well as in association with other.

No one shall be arbitrarily deprived of his property.

Каждый имеет право  как на единоличное владение собственностью, так и в компании с другими.

Никто не может быть дискреционно лишен его собственности.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Каждый имеет право  на отдых и досуг, включая разумное ограничение рабочего времени и  оплачиваемый периодический отпуск.

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We can say that juridical language is “governmental language”. This is an important rule and it can’t be banned. The biggest problem in this case is impossibility in some situations to find exact, adequate translation from one language into another. It makes translator’s work more difficult and creates certain barriers in foreign juridical document usage.  

For instance: many Russian speaking people do not know such phenomena as primaries – representative election, which appoints candidates to presidents from two political parties in USA:

Before voting every citizen must register in accordance with the laws of his state. This gives him the right of participating in primaries.

Перед голосованием каждый гражданин должен зарегистрироваться в соответствии с законами своего штата. Это дает ему право принять  участие в предварительных выборах.

Venire – категория лиц,  могущих исполнять функции присяжных:

The juries are selected from a larger panel of citizens, commonly known as the venire.

Судебные присяжные выбираются из более широкого круга граждан, обычно известного как категория  лиц, могущих исполнять функции  присяжных.

Vior dire – допрос присяжных  для выявления их возможной  предубежденности:

The prospective jurors are generally subject to further interrogation about their possible biases. This examination is known as vior dire.

Предполагаемые присяжные  обычно подвергаются дальнейшему допросу  на предмет их возможной предубежденности. Эта процедура носит название vior dire.

Solicitor – поверенный, солиситор  (ведет дела клиентов, подготавливает  дела для адвокатов):

A solicitor, acting under a general retainer, has an implied authority to accept service of process for his client…

Солиситор, действующий на основании общего договора с адвокатом, имеет подразумеваемое полномочие брать на себя обслуживание клиента  в ходе судебного разбирательства…

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Here we should also see the terminological constructions-clishes translation, containing a great showed cultural entry of meaning. “for making an equivalent translation the translator has to know these units, as the meaning of such constructions is fully recast and not reasoned” so, Miranda rule/warning translating as the person’s right not to testify without the attorney is widely used in legal texts. 

All terms can be divided by their construction into:

1. simple, consisting of   one word: punish – “приказать”;
2. compound, consisting of two words and writing in one word or hyphenated: the High Court - Высокий суд;
3. word combination terms, consisting of several components: specific performance - реальное исполнение;

As among law-terms mostly dominate word combination terms, so they make great problems during the legal text translation.

According to Encyclopedic juridical dictionary regulations, law terms can be divided into 3 kinds by feature of “ understandability” of one or the other population part:

1. Generally valid terms characterized that they are used in everyday speech and understandable for everybody. To this group of terms we can be included:

Accomplice(сообщник, соучастник), witness (свидетель), worker (работник);

2. Special legal terms having specific law content, clear only for specialists of this field. For example: специальные юридические термины обладают особым правовым содержанием, (и, видимо, понятны далеко не всем, а только специалистам в области права), например: necessary defence (необходимая оборона), coerced acquiescence (вынужденное молчаливое согласие, одобрение), to retaliate accusation (предъявить встречное обвинение);
3. Special-technical terms, expressing field of specific knowledge – engineering, economics, medicine and so on. For instance: non-patentable (непатенооспособный), nuclear-free (безъядерный).

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