Syntactic Features of Legal Translation

Syntactic Features of Legal Translation

Judging by the complexity of legal language, there is no doubt that legal translation is a difficult and complicated process. The errors noted in the previous sections clearly show that language proficiency is just as important as legal competence. Overall, legal translators should pay attention to the influence of ordinary language, use reliable reference tools for legal language, improve their legal knowledge, improve their knowledge of the target language and source language, and take into account the specific characteristics of the legal language. Let us hope that the analysis of the problems and strategies presented by this research project can be of great use to translators and all stakeholders. As in all other fields of knowledge, the translation of a legal and administrative text depends on the complete understanding and understanding of the translator of the subject in question. On the other hand, some scholars believe that as long as the legal translator can fully understand the legal source text, he is not obliged to interpret these texts as a lawyer would – that is, in the legal sense (Šarcevic 2000: 5) Kennedy, Rose. 2000. Much Ado About Nothing: Problems in the Legal Translation Industry. Temple International & Comparative Law Journal 14(2). 423–444.Search Google Scholar In addition, Cao points out that the translation of laws has played a vital role in the interaction between nations throughout history and plays a more important role in our increasingly interconnected world today (2007).

She examines legal translations in their many facets as intellectual aspirations and professions. The study examines legal translations from an interdisciplinary perspective and covers theoretical and practical foundations as well as linguistic and legal issues. It analyzes the competence of legal translations and different types of legal texts, including treaties, statutes and multilateral legal instruments, presents a comparative analysis of common law and civil law, and examines case law from Canada, Hong Kong and the European Court of Justice. Cao tries to show that translating laws is a complex act that can enrich law, culture, and human experience as a whole. Zidan, Ahmad. 2015. A linguistic analysis of some problems of Arabic-English translation of legal texts with particular reference to contracts. Newcastle upon Tyne: Cambridge Scholars Publishing. Although legal translations play an important role in modern times, they have not received the attention they deserve, if at all, in academic and practical circles in Taiwan. Legal translation courses and modules in higher education institutions are extremely limited. The question now arises as to where suitable candidates can be recruited and what their training should look like. Indeed, it is practical and necessary for translation institutions to design programs or modules for interested students in order to increase their qualifications to meet market demand by providing properly trained and competent legal translators.

The fact that few researchers have identified methods and training related to legal translation motivates us to conduct a study on such a subject. Alwazna, Rafat. 2017. Culture and Law: The Cultural Influence on Islamic Legal Statements and Their Implications for Translation. International Journal of Legal Discourse 2 (2): 307-323. Husni, Ronak, und Newman L. Daniel. 2015. Arabic-English-Arabic translation: problems and strategies.

London, New York: Routledge. Before doing the research, since there are many problems that contribute to the difficulties and problems of legal translation, let`s give a brief introduction to each of them. Goodrich, Peter. 1987. Rechtsdiskurs: Studien in Linguistik, Rhetorik und Rechtsanalyse. London: Palgrave Macmillan. Alwazna, Rafat. 2016. Islamic Law: Its Sources, Interpretation and Translation into English Laws. International Journal for the Semiotics of Law 29 (2): 251-260. The errors listed in Table 5 are those that cannot be clearly subdivided.

For example, in summaries, a number of sentences or phrases are not translated, such as Example 1 in Table 5. In the center of Example 1 is the sentence 其中第 53 條第1項後半段 “di 53 tiao di 1 xiang houbanduan” (“the second half of paragraph 1 of Article 53”), which is absent from the translation. Another type of error, such as Example 3 in Table 5, simply involves too many factors such as lexical errors, phrasing errors, legal expressions, and sentence structures. Therefore, it is classified in others. Like for example 4, the target text is a direct literal translation of the source text, which does not make much sense, although the target text looks very similar to the source text. These errors with complex structures illustrate the harsh reality that legal language differs so much from ordinary language that translators cannot confuse legal language with ordinary language in combination with legal terms (Philips 2003). There was disagreement about the extent and scope of expertise required of legal translators. Many scholars attach great importance to the importance of a sound legal basis and education (e.g., Schwarz, 1977; Rotman 1995-1996; Kennedy, 2000). In this context, Schwarz (1977: 21) notes: According to Šarčević (1997), legal translations can be divided into the following categories according to the functions of legal texts in the source language: (1) mainly prescriptive, for example.

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