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Word Selection Problem in Legal Translation Annotated Bibliography

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The Literal vs. Free Translation Debate

Entry 1

Lee, Chang-Soo (2003) ‘Toward a Theory of Readers’ Expectations in Translation: A Case Study of Translating Terms of Address’, FORUM – International Journal of Interpretation and Translation 1(1): 169-180.

This study presents the results of research conducted into Korean translations of addressee forms in English novels, together with a survey of Korean readers’ expectations. It argues that Korean literary translators tend to translate addressee forms very literally, even when the translation would result in non-standard Korean. Subjects in the survey group were asked to read a passage from a Korean translation of an English novel in which addressee forms had been translated literally, resulting in non-standard Korean. They then filled in a questionnaire. 50 out of 60 participants considered the addressee forms acceptable, while only 10 found they were inappropriate. The result shows that most people in the survey group did not dislike a literal translation of addressee forms into Korean. This study will allow me to discuss the topic of literal translations from an empirical angle rather than being restricted to prescriptive pronouncements on the subject.

Summary

It is fitting to state that the word selection problem in legal translation does not allow enough room for flexibility. Legal executives usually speak a language within a language while using terminologies or words that even native people cannot entirely comprehend plus frequently misuse. When one adds that terms in legal documents are usually rigid, they get the least flexible translation niche. Translators are needed to interpret the original document plus decipher the meaning in its content. However, they are allowed a narrow framework regarding selecting the ideal words, and creativity stands in second place regarding legal translations. Working with a collection of multiple terminologies and building a solid translation memory can be an excellent way to overcome such an issue in legal translation.

Entry 1

Mahdi, A. L. A. F. (2013). Difficulties in legal Translation with reference to English & Arabic. Journal of the college of basic education, 19(79/انساني).‎

This article by Mahdi attempts to communicate the difficulties or challenges legal translators face, one being word selection. He suggests that for correct legal translations, there have to be highly trained translators. The reason for this, he argues, is that translating legal documents from one language to another is just a part of the job. The other factor which is the most important is translating from one legal system to another, which means one has to know the other country’s legal system plus local culture. Legal translation requires one to be faithful to the original text plus be very accurate with terminology. According to him, selecting the ideal words that will not interfere with the original meaning becomes a problem. This article will help me better understand legal translations and counter the challenges of word selection during the translation process.

Entry 2

Simonnæs, I. and Kristiansen, M. (Eds.) (2019). Legal Translation: Current issues and challenges in research, methods, and applications (Vol. 149). Frank & Timme GmbH.

In this book, well-known scholars specializing in legal translation focus on current issues plus challenges in the field arising from today’s internationalization plus globalization. In view of both practical and theoretical perspectives, the contributions present interdisciplinary strategies to legal translation dealing with legal systems in national, European Union, and global settings, plus include Civil Law as well as common law and supranational plus private International Law. Apart from highlighting the evolution that has taken the place of legal systems plus legal translation, the authors also highlight particular features of legal language plus challenges in legal translation and new didactic approaches to deal with the future profiles of legal translators. The book will be instrumental in obtaining more knowledge concerning internationalization and globalization that can help yield better results in legal translation.

Entry 3

Gortych-Michalak, K. (2017). In search of equivalents in legal translation: A parametric approach to comparing legal terminology in Polish and Greek. Wydawnictwo Naukowe CONTACT.

The author of this focuses on comparing civil law terminology in Greek and Polish for legal translation. He suggests that it is essential his readers also choose to look at the dimensions of terminology. According to the book, the term of the original text is translative units, whereas terms of comparable texts are translative units. The comparative review of terms is done in a particular legal reality: the paradigm in which the dimensions of every element of the legal translation act are constant. The book establishes them concerning the legal communications acts where the Polish civil law legislative instruments plus terminology are the objects of translation into Greek. This book will help me understand how to understand and translate with ease multiple legal systems.

Entry 4

del Carmen Acuyo-Verdejo, M. (2017). Textual Knowledge in Legal Translation. HERMES-Journal of Language and Communication in Business, (32), pp.167-184.

In this book, the author discusses the significance of textual knowledge for the expert in the legal field in various cultures. After grasping the superstructure of the multiple kinds of text, one will have less trouble deciding. The more texts a translator is familiar with within a particular culture, the better the reception in the target culture. The author argues that the primary issue translators face from a document’s subject field and the kind of text. A new study indicates the significance of this in the area of legal translation. This article will be important in understanding certain textual commonalities that characterize some frequently interpreted documents regarding registering a trademark, therefore helping to study how to counter challenges in legal translation.

Entry 5

Prieto Ramos, F., 2014. Legal translation studies as interdisciplinary: Scope and evolution. Meta: Journal Des Traducteurs/Meta: Translators’ Journal, 59(2), pp.260-277.

This paper by Prieto Ramos summarizes Legal Translation studies’ development as a primary interdisciplinary in Translation studies. The author analyses essential aspects that bring about its specificity plus consist of the historical milestones, a common ground of its study community, denomination, study object, place within academia, plus critical strategies. This analysis provokes the various phases of transformation, bringing us to the current position of the field plus its specific collaboration with Law. The author shows that the focus is on shared aims as a way to recognize personal reference points. This article will be important in expanding my knowledge in translation studies as a way of helping to find solutions to the problem of word selection in the field of legal translation.

Entry 6

Scarpa, F. and Orlando, D. (2017). What it takes to do it right: An integrative EMT-based model for legal translation competence. The Journal of Specialised Translation, (27).

Several years ago, a study gathered applicable models or representations for the idealization of translation skills for the professional as well as academic worlds. However, despite the continued agreement on the craft as a multi-faceted skill consisting of numerous core skills, the various views have led to terminological indistinctness. The paper concerns a study on the particular competencies plus sub-competencies needed for interpreting legal documents. In light of the recent research plus the results of current European Union projects, the anticipated representation depends on the E.M.T. reference framework for translation competencies that have incorporated extra vital components associated with legal translation. The representation is then compared with the outcomes of three new investigations on translation skills.

Entry 7

Bushi, J. and Papajorgji, E., 2021. Translation in Terms of Law and Communication: Difficulties Regarding the Translation of Legal Texts from Albanian into German and Vice Versa. Journal of Educational and Social Research, 11(4), pp.58-58.

The article’s authors tackle the issue of the uniqueness of interpreting legal terms from German to Albania plus vice versa. Legal texts consist of an essential translation part into German and Albania. Interpretation of the texts in Albania has risen since attempts to be part of the European Union. The organization’s translation resources are in bulk plus need much work. Thus, the request for interpretation of legal documents like court decisions into other languages has increased. Because technical legal language is an institutional language, it is full of technical terminology. The article will be helpful in my final project as it provides in-depth knowledge and information concerning the field of legal translation. It will also help in finding gaps in past studies concerning challenges faced by legal translators.

Entry 8

Brian, D. (2019). Identifying background to explore difficulties while translating English legal terms and searching for their equivalents in Russian. In We speak legal English, German, French, Spanish (pp. 228-229).

The article’s author stressed that identifying background could easily explore issues while translating legal terms in English while looking for equivalents in Russian. This article will be instrumental in understanding the methods or approaches to use to qualify words while translating one legal system to another. Different words are always used differently in other languages. One word in English translated directly to Russian might mean a different thing that was not intended as the original meaning. Therefore, the article educates on ways to deal with such situations. Understanding the background goes a long way in finding the right word to express a particular idea. Using the right word in the wrong way is the same as not translating at all. The article will provide valuable information in the field of legal translation.

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