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1

Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

100%
Oţăt D.
Acta Universitatis Sapientiae, Philologica
|
2015
|
vol. 7
|
issue 3
15-24
EN
Motivated by a paradoxical corollary of ambiguities in legal documents and especially in contract texts, the current paper underpins a dichotomy approach to unintended ambiguities aiming to establish a referential framework for the occurrence rate of translation ambiguities within the legal language nomenclature. The research focus is on a twofold situation since ambiguities may. on the one hand, arise dining the translation process, generated by the translator’s lack of competence, i.e. inadequate use of English regarding the special nature of legal language, or. on the other hand, they may be simply transferred from the source language into the target language without even noticing the potential ambiguous situation, i.e. culture-bound ambiguities. Hence, the paper proposes a contrastive analysis in order to localize the occurrence of lexical, structural, and socio-cultural ambiguities triggered by the use of the term performance and its Romanian equivalents in a number of sales contracts.
2
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The Byzantine legal standard transposition strategies into the Romanian regulatory texts of the 17th century

80%
Cărburean D.
Studia Translatorica
|
2019
|
issue 10
391-404
EN
Unlike the Canon law texts available in the Romanian principalities – Moldavia and Wallachia – falling under the Slavic influence, the first legal acts which are subscribed to the secular law and which appear in 1646 [“Carte Românească de Învățătură” (en. Romanian Book of Learning) or “Pravila lui Vasile Lupu” (en. Vasile Lupu’s Code of Laws)] and in 1652 [“Îndreptarea legii” (en. The Law’s Rectification) or Pravila lui Matei Basarab (en. Matei Basarab’s Code of Laws)] fall under the Greek-Byzantine influence. The present article aims to provide some information regarding the translation mechanisms applied by the Moldavian and Wallachian scholars of the 17th century who aimed at transposing the Byzantine Legal Standard to the everyday life of the two above mentioned Romanian principalities by means of fundamental procedures, such as “analysis (with the underlying meaning determination), transfer, restructuring, and testing” (Nida, 2004: 85) of the source message. The most precious information related to the translation process of those times is provided by the cases of untranslatability generated by the legal and terminological gap between the Receiver and the Transmitter. The identification and classification of these cases, but also the highlighting of the solutions the translator found to solve them, represent important steps in understanding the equivalenting process of two unequal legal systems that took place centuries ago in Eastern Europe, as illustrated by the case of the two Romanian principalities and the Greek-Byzantine one.
3

Developing Evaluation Skills with Legal Translation Trainees

80%
Vîlceanu T.
Acta Universitatis Sapientiae, Philologica
|
2015
|
vol. 7
|
issue 3
5-13
EN
Axiomatically, translation is twofold: an activity/process (more accurately designated by the term translating) and a product (the term translation can be restricted to the product). It seems that the product dimension has gained increased importance, being the most visible part of translation as market-driven, design-oriented, precise and measurable - complying with specifications. Translation engenders a sequence: identification of text type and of end users’ needs (experts or non-experts in the field), evaluation of the complexity of the source text via global reading, followed by a close reading of its parts, the translating of the document, the translator’s checking of final version, editing and proofreading. The translator’s choices are accountable in point of cost-effectiveness (efficiency) and effectiveness. Therefore, the legal translator should master the methodological toolkit, conceptual frame and related terminology, and adopt an inward-looking perspective (intuition, subjectivity, ingrained habits, insights deriving from his/her expertise and experience) alongside an outward-looking one (working against objective criteria, standards of quality, benchmarks, etc).
4

LATIN MAXIMS AND PHRASES IN THE POLISH, ENGLISH AND FRENCH LEGAL SYSTEMS – THE COMPARATIVE STUDY

80%
Gałuskina K., Sycz J.
Studies in Logic, Grammar and Rhetoric
|
2013
|
vol. 34
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issue 1
9-26
EN
The aim of this research paper is to examine Latin in the context of legal translation between the Polish, English and French languages. Latin ap- pears in contemporary legal discourse in the form of maxims, short phrases and terms. Even though it constitutes an integral element of legal drafting, Latin often attracts little attention from legal translators. It is falsely assumed that Latin elements of the text do not require translation due to several miscon- ceptions related to the Latin language. Firstly, Latin is generally perceived as a global language with no local variations in form. Secondly, Latin is believed to be the universal point of reference in international communication (which is true only in the case of the natural sciences). Thirdly, Latin legal phrases or maxims are thought to originate solely from Roman law, thus they express only Roman legal thought. In the first part of the paper we will address the above issues. To this end, we will briefly discuss the historical presence of Latin in the European lin- guistic context. We will then present the results of our research into the use of Latinisms in the Polish, French and English legal systems. The subject of our research was a set of twenty Latin maxims and phrases that frequently appear in the decisions of the Polish courts. During the first stage of the analysis, the items in question were verified in Legalis (the on-line service devoted to Polish law). The second stage of the research involved the consultation of monolingual dictionaries of French and English legal language to verify the universal charac- ter of the analyzed Latinisms. During the third stage of the analysis, we looked at the practical use of Latinisms in online databases of legal texts (Dalloz.fr, Westlaw International). The paper concludes with some comments on Latinisms in lexicographical publications and online sources.
5

LEGAL TRANSLATION COMPETENCE IN THE LIGHT OF TRANSLATIONAL HERMENEUTICS

80%
Piecychna B.
Studies in Logic, Grammar and Rhetoric
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2013
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vol. 34
|
issue 1
141-159
EN
This paper is concerned with the concept of translation competence as seen from the perspective of translational hermeneutics. The first part of the article provides a short survey of how translation competence and its develop- ment has been described so far, with a particular focus on the legal translator’s skills and abilities. The second part of the paper briefly presents the notion of translational hermeneutics together with its main concepts. The aim of this part of the article is also to show similarities between the translation phenomenon and hermeneutical studies. Finally, building on Stolze’s (2011) hermeneutical model of translation, the last part of the paper presents the main features of a hermeneutical model of legal translation competence.
6

A Parameter-based Method for Translating Polish Contract Law Terms into Spanish

80%
Nowak-Michalska J.
Studies in Logic, Grammar and Rhetoric
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2016
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vol. 45
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issue 1
277-287
EN
The paper deals with problems of legal translation from Polish into Spanish. It analyses selected terms related to contracts which are regulated in the Polish Civil Code and their possible translations into Spanish. In order to find adequate translation equivalents the author applies the method of parametrisation of legal terms (along with the method of comparing parallel texts and the skopos theory). The parametrisation of legal terms helps to systematically characterise and compare them and thus to identify differences in the meanings of the source language and target language terms and to choose the best equivalents. It may also facilitate the selection of a technique of providing translation equivalents for non-equivalent or partially equivalent terms. Parametrisation is understood as determining for each analysed term a set of properties it shows with respect to translationally relevant parameters – one property out of each parameter. A parameter is conceived of as a set of homogeneous properties.
7

Mediation in Different Areas of Chinese Legal Reality – Parametrisation of Selected Terminology

80%
Nowak-Michalska J.
Studies in Logic, Grammar and Rhetoric
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2016
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vol. 45
|
issue 1
175-186
EN
The paper deals with terminological issues in legal translation. The author has researched the process of establishing equivalents for partially equivalent terminology, using the parametrical approach to legal translation. The research consists of the terminological analysis of the texts of mediation regulations formulated in Chinese and Polish. The objective was to establish translational equivalents in the case of significant differences between the legal systems of the above mentioned linguistic area. The research was financed from the research grant no. 2012/07/E/HS2/00678, titled: Parameterisation of legilinguistic translatology in the scope of civil law and civil procedure awarded by the National Science Centre of the Republic of Poland (Sonata Bis program). Determining the acceptability of functional equivalents in the selected linguistic area is possible by comparison of their semantics with the legal structure in different legal systems and cultures. The author investigates if attributing properties from dimensions relevant in translation to mediation law terms can be helpful in the process of translation.
8

Developing Translation Competence Within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia

80%
Kordić L.
Studies in Logic, Grammar and Rhetoric
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2016
|
vol. 45
|
issue 1
97-110
EN
Translation competence includes a complex variety of cognitive, linguistic and cultural skills. Translation in the field of law represents an even more demanding process, as it can be defined as “an act of communication in the mechanism of law” which leads “to legal effects and may induce peace or a prompt war” (Šarčević, 1997). In this paper, different aspects of the translator’s competence in legal translation are discussed. In the introductory part, an overview of theoretical approaches to the translation process is offered. The main part of the paper is dedicated to problems and challenges that legal translators are faced with. Special attention is paid to teaching the documentary approach to translation of EU legislation within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia. The problems occurring in legal translation and competences of legal translators are discussed from the teacher’s perspective, based on the experience in teaching the course Introduction to the Theory of Legal Translation and Terminology within the Lifelong Learning Programme for Lawyer-Linguists at the Faculty of Law, University of Osijek, Croatia.
9
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Problemy terminologiczne w przekładzie tekstów prawnych z zakresu prawa pracy na przykładzie języka niderlandzkiego i polskiego

80%
Tryczyńska K.
Applied Linguistics Papers
|
2019
|
issue 26/3
87-103
EN
Law and language are so closely intertwined, that it is not possible to separate the two. Legal language is characterised by a high degree of precision on the one hand, and by the use of generalisation, of terms that are specific to the legal domain and of terms that occur in LGP, on the other. Legal terms are units of legal knowledge and they cause translation problems because they are system-bound as a result of the evolution of law and the parallel development of legal language. The aim of this paper is to provide an overview of the main terminological difficulties of legal translation in the Dutch - Polish language combination. Firstly, the author discusses the theoretical foundation of the relationship between law and language as well as terminological problems in legal translation, before going on to focus on the outlined problems. Secondly, the brochure on the Dutch Working Time Law (nl. Arbeidstijdenwet) and its Polish translation are analysed in relation to the applied translation techniques, in order to discuss the adequacy of the translation of several terms within the domain of labour law. Finally, the author presents the results of a detailed terminological analysis of chosen Dutch terms excerpted from the examined texts.
10
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Interferencja w przekładzie jako skutek wzajemnych oddziaływań języków (na przykładzie tłumaczeń tekstów z zakresu prawa w parze językowej polski–rosyjski)

80%
Stec W.
Studia z Filologii Polskiej i Słowiańskiej
|
2020
|
vol. 55
EN
Interference Between Languages in Translation (Observations Based on Polish– Russian Translations of Legal Texts)This article considers the issue of language transfer in translation. External interference is one of the most common reasons behind the lack of equivalence between the source text and the target text. Negative transfer leads to the lack of linguistic correctness as well as to modifying or altering the meaning of the translated text. In the didactics of translation, the rationale behind identifying and analysing linguistic errors is to develop and improve translation skills. The issue in focus is presented based on translations of legal texts in the Polish–Russian language pair. Interferencja w przekładzie jako skutek wzajemnych oddziaływań języków (na przykładzie tłumaczeń tekstów z zakresu prawa w parze językowej polski–rosyjski)W tekście przedstawiono zagadnienia transferu językowego w przekładzie. Interferencja zewnętrzna uważana jest za jedną z podstawowych przyczyn zakłócenia ekwiwalencji między tekstem źródłowym a docelowym tłumaczenia. Transfer negatywny przyczynia się do braku poprawności językowej, modyfikacji czy zmiany sensu w przetłumaczonym tekście. W dydaktyce przekładu identyfikacja i analiza błędów służą wyrobieniu i doskonaleniu umiejętności translatorskich. Temat zaprezentowano na materiale tłumaczeń prawniczych w parze językowej polski–rosyjski.
11
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Law and Legal Linguistics in a Constant State of Transition

80%
Wagner A., Matulewska A.
Comparative Legilinguistics
|
2021
|
vol. 47
7-16
EN
Legal linguistics or jurilinguistics as it has been called recently, is a relatively new field of research. The first research into the field started with analysing the content of laws (the epistemic stage). Later on, lawyers started being interested in manners of communicating laws (the heuristic stage). This Special Issue of Comparative Legilinguistics contains two texts devoted to the development of legal linguistics, legal languages and legal translation and two papers on an institutional stratification of legal linguistics. It is a continuation of research published in the same journal (Special Issue no. 45 titled “The Evil Twins and Their Silent Otherness in Law and Legal Translation”) providing some insights into the problems of communication in legal settings.
12
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Wybrane aspekty rosyjsko-polskiego przekładu tekstów prawnych w kontekście wyrażenia statusu ich obowiązywania

80%
Nawacka J.
Acta Polono-Ruthenica
|
2018
|
vol. Tom 1 Nr XXIII
123-138
EN
The present paper concerns translation of legal language as an act of communication and constitutes an attempt to reconstruct the presuppositions of legally binding statements that appear in messages which are sent in legal language and which are read on the directive level. The problem of the binding of a legal act might seem irrelevant from the point of view of translation. This is so because the descriptive layer of a message does not change depending on whether a given norm enters into force or not, or whether it loses its binding power or not. However, the sender of a message in legal language does not send a message devoid of information concerning legal binding. The latter is the main constitutive element of every message sent in legal language, which in turn results in communication based on presupposition.
13
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Presupozycje poszanowania podstaw aksjologicznych w rosyjskich i polskich konstytucyjnych unormowaniach pozycji religii

80%
Nawacka J., Nawacki M.
Acta Neophilologica
|
2016
|
issue 18/2
37-55
EN
The article constitutes an attempt to reconstruct presuppositions of respect for axiological foundations present in communications sent in legal language and understood at the directive level. The analysis focuses on the presuppositions which originate in the sphere of religion and relationships between communities of believers and the sovereign, who is the sender in the communication process. Juxtaposing communications sent in Polish and Russian legal language related to the constitution allows one to distinguish and name the presuppositions in question. Moreover, this makes it possible to address communication difficulties in translation which result from differences in the occurrence of presuppositions, differences which have impact on extensions of legal terms in these languages.
14
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Translating Law into a Dictionary. A Terminographic Model

80%
Szemińska W.
Research in Language
|
2011
|
vol. 9
|
issue 1
177-186
EN
The purpose of the paper is to present a model dictionary which could serve as a tool for professional translators of legal texts. Firstly, the methodological approach which was adopted in order to create the model is delineated. It is based on the combined specialist knowledge of three disciplines, namely terminography, translation studies and law. Subsequently, the notion of the translation dictionary as a separate type of terminological dictionary is presented, with particular emphasis on the unit of translation and translation equivalence. The following part of the paper characterises translation of legal texts and its implications concerning the needs of the translator as well as the role of the dictionary in the translation process. Finally, the paper proposes a model dictionary, constructed according to the methodological rules determined at the beginning and in the light of the conclusions drawn from the following analysis.
15
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Defining Law Terms: A Cross-Cultural Perspective

80%
Jopek-Bosiacka A.
Research in Language
|
2011
|
vol. 9
|
issue 1
9-29
EN
Legal definitions are vital for effective legal communication. This paper outlines main conventions of formulating definitions in statutes and contracts. Legal definitions are analyzed here from cross-cultural perspective against (legislative) drafting guidelines and theory of law. Their formulation may depend, inter alia, on legal system, branch of law, legal genre, position within the document, and type of legal definition.An attempt is then made to examine how formal aspects of formulating legal definitions may affect the interpretation and thus translation of law terms. This interdisciplinary cross-cultural examination provides a theoretical basis for sketching main approaches to English-Polish (Polish-English) translation of the definition section in ratified international instruments published in Polish Journal of Laws.The translation practice trends towards legal definitions seem to be more and more informed by the globalization and ‘Europeanisation’ processes now constituting a still broader context of legal communication rather than confined to the text of a legal instrument itself.
16
Publication available in full text mode
Content available

Translating Law into a Dictionary. A Terminographic Model

80%
Szemińska W.
Research in Language
|
2011
|
vol. 9
|
issue 1
177-186
EN
The purpose of the paper is to present a model dictionary which could serve as a tool for professional translators of legal texts.Firstly, the methodological approach which was adopted in order to create the model is delineated. It is based on the combined specialist knowledge of three disciplines, namely terminography, translation studies and law. Subsequently, the notion of the translation dictionary as a separate type of terminological dictionary is presented, with particular emphasis on the unit of translation and translation equivalence. The following part of the paper characterises translation of legal texts and its implications concerning the needs of the translator as well as the role of the dictionary in the translation process. Finally, the paper proposes a model dictionary, constructed according to the methodological rules determined at the beginning and in the light of the conclusions drawn from the following analysis.
17
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A Few Remarks on Legal Translation and Intercultural Encounters

80%
Witczak-Plisiecka I.
Research in Language
|
2020
|
vol. 18
|
issue 3
265-281
EN
The text offers comments on legal translation and its special nature. It is argued that legal translation is much different from other types of specialised translations. Unlike the language of engineering or medicine, legal language does not only refer to the related specialised practice, i.e. the law, but constitutes legal reality, being at the same time an instrument with which legal disputes are resolved. In the context of translation, legal language is particularly challenging as the process of finding equivalence is not restricted to interlinguistic level, but invites both intralinguistic and intersemiotic considerations. Moving not only between different natural languages, but also between different legal cultures, legal translators have to face problems that can often be naturally found in intercultural communication.
18
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Fachterminologie des polnischen Strafgesetzbuches in deutschen Übersetzungen

80%
Pietrzak A.
Acta Universitatis Lodziensis. Folia Germanica
|
2022
|
issue 16
37-46
EN
The aim of this article is to present the results of an analysis of the terminology of the Polish Criminal Code and its equivalents taken from three translations of the code into German. Scientific corpus includes Polish Criminal Code and the following three translations: DE-IURE-PL (2019), C.H. Beck (2012) and Max-Planck-Institut (1998). The method used is comparative legal analysis. The results of the analysis may find application in academic teaching and be used in the development of courses in legal translation.
19
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Content available

Defining Law Terms: A Cross-Cultural Perspective

80%
Jopek-Bosiacka A.
Research in Language
|
2011
|
vol. 9
|
issue 1
9-29
EN
Legal definitions are vital for effective legal communication. This paper outlines main conventions of formulating definitions in statutes and contracts. Legal definitions are analyzed here from cross-cultural perspective against (legislative) drafting guidelines and theory of law. Their formulation may depend, inter alia, on legal system, branch of law, legal genre, position within the document, and type of legal definition. An attempt is then made to examine how formal aspects of formulating legal definitions may affect the interpretation and thus translation of law terms. This interdisciplinary cross-cultural examination provides a theoretical basis for sketching main approaches to English-Polish (Polish-English) translation of the definition section in ratified international instruments published in Polish Journal of Laws. The translation practice trends towards legal definitions seem to be more and more informed by the globalization and ‘Europeanisation’ processes now constituting a still broader context of legal communication rather than confined to the text of a legal instrument itself.
20
Content available remote

Integracyjne podejście funkcjonalne w dydaktyce przekładu prawniczego

70%
Biel Ł.
Między Oryginałem a Przekładem
|
2013
|
vol. 21
11-27
EN
The paper introduces an integrative functional approach to legal translation teaching at translation programmes taught as part of Philology major. The approach is based on functionalism, professional realism of training, and social constructivism. The main objective is to train translators who are aware of their mediating role in intercultural and intersystemic communication, know how to produce a translation ‘fit for the purpose’, deal with terminological incongruity and overcome problems typical of the translation process. The approach requires a student-centred approach and autonomy of learners. The paper presents practical tasks which help foster the functional approach to translation and empower students by raising their self-efficacy.
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