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Terminologická a textová kompetence v právním překladu: studie na francouzsko-českém materiálu

100%
Duběda T., Obdržálková V.
Studie z aplikované lingvistiky - Studies in Applied Linguistics
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2018
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vol. 9
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issue 1
73-91
EN
In the present study, we tackle the problem of quality in legal translation, and reflect on the related translation competences, among which thematic competence (or legal literacy) plays a central role. A sample of 20 translations of a legal text from French into Czech is analysed first with respect to overall quality. Next, we present a more thorough analysis of 40 terminological items. The sample includes translations done by advanced students of translation and practising translators. The overall quality differs significantly between the two groups, but, surprisingly, legal training does not guarantee better overall quality in the group of professionals. However, after categorising the errors (shifts of meaning — terminology — style), it turns out that legal literacy has a positive impact on the ability to interpret and transfer legal meaning, which is a key subcompetence in legal translation. A detailed analysis of selected legal expressions targets the frequency and typology of errors, variability of translation equivalents, and categorisation of meaning shifts. The analysis offers empirically founded insights into translation procedures in the field of law, and brings indirect evidence of the current state of the translation market.
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K typologii ekvivalentů v právním překladu

80%
Duběda T.
Slovo a slovesnost: časopis pro otázky teorie a kultury jazyka (Slovo a slovesnost: A journal for the theory of language and language cultivation)
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2021
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vol. 82
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issue 2
139-158
EN
Equivalence was a central concept in the early stages of modern translation theory. Despite being criticised in later periods, mainly in literary translation, its usefulness in specialised translation remains undoubted. I first examine the aspects of equivalence described in the literature on legal translation, arriving at no less than 32 different equivalent types. Building on these findings, I propose a detailed, multidimensional typology of legal equivalents, using four orthogonal criteria: translation procedure, degree of equivalence, conventionality and register. Translation procedures are divided, on the one hand, into canonical and non-canonical, and, on the other hand, into language-oriented, language- and function-oriented, and function-oriented. The different categories, defined as non-exclusive, are characterised with respect to their documentary vs. instrumental nature, and supplemented by French-Czech and Czech-French translation examples. The analysis also raises a certain number of specific questions that have received only limited attention so far. These include the role of register in terminology, the evaluation of the degree of equivalence in the case of language-oriented equivalents, and the directional symmetry of equivalents. The typological proposal is language-independent, and may serve as both a theoretical framework and practical tool in translatorial decision-making.
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